News & Analysis as of

Patents

Sheppard Mullin Richter & Hampton LLP

The Rise of Trade Secret Litigation

Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade...more

Akin Gump Strauss Hauer & Feld LLP

USPTO Director Cracks Down on Patent Owner for Withholding Data and Imposes Severe Sanctions

The Director of the USPTO initiated sua sponte review of a PTAB panel’s decision to impose sanctions based on patentee’s conduct during IPR proceedings.The PTAB cancelled all of patentee’s claims, including those not...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2024 #3

Vascular Solutions LLC v. Medtronic, Inc., Appeal No. 24-1398 (Fed. Cir. Sept. 16, 2024) In our Case of the Week, the Federal Circuit evaluated certain heavily litigated claims directed to guide catheters. The patents...more

BakerHostetler

Federal Circuit Rebukes District Court for Patent Eligibility Decision Involving Extended-Release Formulation Patent

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The U.S. Court of Appeals for the Federal Circuit admonished the U.S. District Court for the District of Delaware on Wednesday for abuse of its discretion in finding the disputed claims invalid under 35 U.S.C. § 101, “a...more

Linda Liu & Partners

Invalidation Approaches and Specification Crafting Concerning “Parameter Features”

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Limitation by “parameter features” is a love-hate claim drafting approach. It’s highly praised by applicant/patentee because it leads to great the difficulty in searching and finding prior arts that directly disclose the...more

International Lawyers Network

Technovations & Labor Practices: Little Known IP Law For Developing Countries

Some years back, a young Kenyan graduate, working as an intern for a public state corporation, developed an innovative solution that earned his employer a global innovation award. However, his application for intellectual...more

Venable LLP

Playing Chess and Ice Hockey Makes Me a Better Lawyer

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The foundational comic premise of walk-into-a-bar jokes is the underlying differences among the characters walking in. The three characters—in this case a chess player, a hockey player, and a patent litigator—may appear...more

Farella Braun + Martel LLP

Proposed Patent Bills To Be Considered Next Week by the Senate Judiciary Committee

We've been closely monitoring two proposed bills regarding patent law—the Patent Eligibility Restoration Act (PERA) and the PREVAIL Act. The Senate Judiciary Committee would have considered both bills yesterday, but they...more

Jones Day

USPTO Extends Comment Deadline on Patent Eligible Subject Matter Guidance for AI Inventions

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The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions....more

DLA Piper

C.R. Bard v. Atrium: The Impact of FDA Approval Timelines on Royalty Payments

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A case pending in the Ninth Circuit Court of Appeals highlights the importance of negotiating the term of royalty payments in the license of Food and Drug Administration (FDA)-regulated products. This is particularly notable...more

DLA Piper

Amarin v. Hikma: Defining the Limits of Protection That Skinny Labels Afford

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On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent...more

Patterson Belknap Webb & Tyler LLP

Tag You’re It: Chief Judge Swain sua sponte Transfers Pro Se Patent Infringement Complaint to Delaware

Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United...more

Hogan Lovells

Actualités Législatives et Réglementaires – Juillet / Août 2024

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Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires des mois de juillet et août 2024....more

Jones Day

Secondary Considerations Arguments Precluded By Prior Nexus Testimony

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On June 6, 2024, the PTAB issued a Final Written Decision concluding claims 1-6 of U.S. Patent No. 8,899,655 B1 (“the ’655 patent”) unpatentable. Yita LLC v. MacNeil IP LLC, IPR2023-00172, Paper 70 (PTAB Jun. 6, 2024)...more

Alston & Bird

Patent Case Summaries | Week Ending September 13, 2024

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Contour IP Holding LLC v. GoPro, Inc., Nos. 2022-1654, -1691 (Fed. Cir. (N.D. Cal.) Sept. 9., 2024). Opinion by Reyna, joined by Prost and Schall. Contour filed two suits against GoPro asserting infringement of two related...more

Hogan Lovells

CJEU: Cross-border relief based on Third State patents?

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On 5 September 2024, Attorney General (AG) Emiliou delivered a new Opinion in the BSH Hausgeräte/Electrolux case (C‑339/22) acting as an ‘addendum’ to his first Opinion in this case delivered on 22 February 2024. After the AG...more

McDermott Will & Emery

A New Vision: Collateral Estoppel Doesn’t Extend to Related Claims

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The US Court of Appeals for the Federal Circuit reversed a district court order excluding expert validity testimony based on collateral estoppel stemming from an inter partes review (IPR) proceeding of a related patent,...more

Sheppard Mullin Richter & Hampton LLP

Precluded, Not Repeated: WARF & Apple Continue to Shape our Understanding of Issue Preclusion in Patent Law

This case addresses the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. Specifically, this case discusses whether a...more

Procopio, Cory, Hargreaves & Savitch LLP

Patent Considerations in View of the Nearshoring Trends to the Americas

What key patent considerations should one be aware of in view of trends toward nearshoring in the Americas? Learn that and more in this podcast with Procopio Patent Prosecution Partner Ernest Huang joined by two other...more

MoFo Life Sciences

Under Lock And Key – Private Sales May Not Qualify As Public Disclosure

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Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions...more

A&O Shearman

Federal Circuit Reverses § 101 Summary Judgment Of Invalidity, Holding That Describing Claims At High Level Of Abstraction And...

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On September 9, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the U.S. District Court for the Northern District of California’s decision finding asserted claims invalid under 35 U.S.C. §...more

A&O Shearman

Federal Circuit Provides Clarity On Proper Obviousness-Type Double Patenting References

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In Allergan USA, Inc. et al., v. MSN Laboratories Private Ltd., et al., the United States Court of Appeals for the Federal Circuit issued a precedential decision relating to obviousness-type double patenting (“ODP”) and...more

Fish & Richardson

Survey Shows Trends in PTAB’s Willingness to Institute Multiple Petitions

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The Consolidated Trial Practice Guide states that, “[t]o date, a substantial majority of patents have been challenged with a single petition.” Consolidated Trial Practice Guide (November 2019) at 59. However, “the Board...more

AEON Law

Patent Poetry: Jury Awards $30 Million in Artificial Eyelash Patent Case

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A federal court jury in Texas has awarded more than $30 million in damages to woman-owned beauty start-up Lashify Inc. The jury found that Qingdao Lashbeauty Cosmetic Co., a Chinese company doing business as Worldbeauty,...more

A&O Shearman

Platinum Optics Tech. Inc. v. Viavi Sols. Inc.

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In Platinum Optics Tech. Inc. v. Viavi Sols. Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on the requirements for standing to appeal from an inter partes review (IPR) final...more

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