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Patent Portfolios Patents

The Fate of Patent Laches: SOL

by Stoel Rives LLP on

On Tuesday, the U.S. Supreme Court abolished a decades-old rule that allowed for application of the equitable defense of laches in patent cases. Until now, patent owners were required to justify filing suit after a period of...more

Antidote to Toxic Divisionals—European Patent Office Rules on Partial Priorities

by Jones Day on

Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more

University patents now immune to inter partes review: Will business come calling?

by Thompson Coburn LLP on

State colleges and universities recently received a potential increase in the value of their patent portfolios in the form of a ruling from the Patent Trial and Appeal Board (PTAB). ...more

Managing Patent Portfolios and Drafting Applications To Withstand IPR Challenges

by Brinks Gilson & Lione on

Since implementation of the Leahy-Smith America Invents Act, inter partes review (“IPR”) and other post-grant proceedings have been used successfully to challenge and invalidate thousands of patent claims. Over 2,000 IPR...more

FTC Releases Report on Patent Assertion Entities

by Snell & Wilmer on

Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged...more

10 Strategies For Aggressively Building A Patent Portfolio

Knobbe Martens Partner Ron Schoenbaum hosted an hour-long seminar on September 29 at Plug & Play Tech Center in Sunnyvale, CA. He covered how patent rights are commonly lost and 10 strategies startup companies need to know to...more

Patents: Important Facts, Takeaways, and Pitfalls to Avoid

by Snell & Wilmer on

1. Broad Claim Scope is Key. Merely getting a patent is not the goal. The goal is to maximize the scope of meaningful patent protection to which your invention is entitled. Put yourself in a competitor’s shoes - how would you...more

AbbVie v. Amgen: The Litigation Phase for a HUMIRA® Biosimilar Begins

To date, Amgen has been the reference product sponsor for many biosimilar applications. Correspondingly, Amgen has been the Plaintiff in many of the litigations that have been based on the provisions of the Biosimilar Price...more

Realizing Value from Intellectual Property

by McAfee & Taft on

Everyone assumes that intellectual property has value, but how do you determine that value? Can you increase it, and can you damage it?...more

Additional IP Considerations in Light of Brexit

by Morgan Lewis on

Pharmaceutical and agricultural companies in particular should consider the effect of Brexit on their European patent portfolios. Supplementary Protection Certificates (SPCs) are governed by EU regulations and are thus...more

Unitary Patents, the Unified Patent Court, Opt-Out Timing, Pros and Cons

by Winstead PC on

Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make. Most commentators...more

Strategic Patent Portfolios with Continuing Value

The value of a company’s patent portfolio can be increased significantly if the portfolio strategically uses continuing applications (i.e., continuation, divisional, and continuation-in-part applications) to extract valuable...more

Patent portfolios as offensive and defensive powerhouses

by McAfee & Taft on

Patents can be a key part of supporting and leveraging your business but can be costly to procure and maintain. The true value in patents derives from the right to exclude others from making, using or selling the patented...more

Building a Valuable Patent Family Using the Technique of Functional Deconstruction

There are several advantages to pursing protection for a key innovation in the form of a “family” of patents and pending patent applications. These include the possibility of obtaining protection in the form of claims...more

Jawbone Successfully Leverages Patent Portfolio as Collateral in Fund Raising Efforts

Fitness device maker Jawbone was recently featured in a Re/code article announcing that the company had raised $165 million in new funding. The article mentioned another aspect of the Jawbone’s fundraising efforts; the...more

Software Patent Eligibility - A Post-Alice Landscape Discussion

•Why are people talking about Section 101/Alice? –Under Section 101, only “eligible subject matter” can be patented: ..“Abstract ideas” are not eligible –Courts + Patent Office are treating many software and...more

Back to school – the last year in patents: September 2015

by Allen & Overy LLP on

The vexed question of how to enforce second medical use patents has dominated the headlines in the last half year. The case of Warner-Lambert v Actavis1 in the English High Court highlighted the serious difficulties...more

Blog: Should You Invest in Patent Protection?

by Cooley LLP on

Patent protection is an investment in technology. Like other investments, it can be expensive and uncertain. But for a technology startup, patent protection can also yield an outsized return by attracting investors,...more

Willfulness Allegations Are Dismissed

by Morris James LLP on

Plaintiff contends that defendant had knowledge of eight of the patents-in-suit from the date of a patent portfolio auction of over 6000 patents more than a year before this suit was filed. It contends defendant knew of some...more

Is Picking A Fight The Way To Win It?

by Orrick - NorCal IP Group on

Complaint Filed, Elevengear LLC v. Eclipse IP, LLC, Case No. 3:15-cv-02278-WHA - When a patent owner comes to the table, one possible response is to raise the stakes. That’s the path that Elevengear LLC chose when it...more

Google Wants to Buy Your Patent—To Keep it Away from a [Different] Patent Troll

Last week, Google announced its new “Patent Purchase Promotion.”  Under this program, for a two-week period, companies and individuals will have an opportunity to offer their patents to Google for purchase for a price...more

"Cutting-Edge Analysis Can Help Companies Leverage Patent Opportunities, Avoid Risks"

There is no shortage of new developments involving patents these days — from legislative initiatives in Congress to a host of recent U.S. Supreme Court decisions — and making sense of these changes and their impact on patent...more

Enforcement Challenges For Biotech Patents [Video]

by Robins Kaplan LLP on

Enforcing intellectual property rights can be a challenging affair, and this is particularly true in the biotech industry. Attorneys Seth Northrop and Matt McFarlane discuss the issues facing biotech patent holders today,...more

Practical Steps for Building a Strong Life Science Patent Portfolio Worth Billions of Dollars

In the last four years, several companies with antiviral drug programs, including Alios BioPharma, Idenix, Inhibitex, InterMune and Pharmasset, have been acquired by large pharmaceutical companies (‘‘big pharma’’). One of the...more

Guest Post: $2.6 Billion Per Drug: Is Your Patent Portfolio Strong Enough to Protect Your Investment?

Late last year, the Tufts Center for the Study of Drug Development (CSDD) released a number that would cause jaws to drop all around the healthcare world.  The estimated cost for developing a new drug was an astounding $2.558...more

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