Patents

News & Analysis as of

London’s IP Anti-Crime Unit shuts down leading sports file-sharing site

The City of London’s Police Intellectual Property Crime Unit (PIPCU) has successfully shut down the ‘Sports Torrent Network’, a leading sports file-sharing site offering its members links to sports events online. ...more

Joinder Denied

Athrex, Inc. v. Bonutti Skeletal Innovations LLC, IPR2013-00632, Paper 23 (April 16, 2014), petitioner moved to joint IPR2014-00632 with IPR2014-00633 to avoid any estoppel effect if a decision is renedered in one proceeding...more

BRI = I

In Toyota Motor Corporation v. LeRoy G. Hagenbuch, IPR 2013-00483, Paper 21 (April 16, 2014), the patent expired during the inter partes review, as a result the parties and the Board agreed that “broadest reasonable...more

IPO Guidance on Copyright Reforms

The Intellectual Property Office (IPO) has published guidance for copyright owners and consumers which outlines certain changes to current copyright law due to come into force on 1 June 2014....more

IP Decisions Abound at the Supreme Court in Spring 2014

After leaving the realm of intellectual property law alone for decades, and allowing the Federal Circuit 25 years of mostly undisturbed jurisprudence, the United States Supreme Court has strongly reestablished its presence...more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

The Board is Conservative in Authorizing Additional Discovery

In ACCO Brands Corporation v. Fellowes, Inc., IPR2013-00566, Paper 16 (April 18, 2014), Fellowes sought additional discovery related to secondary considerations. The Board denied the discovery....more

Five Considerations When Choosing How to Challenge Patent Validity

Inter partes review (IPR) is quickly becoming a popular choice for challenging the validity of a patent. The America Invents Act (AIA) established IPR as a mechanism for challenging patent validity through an evidentiary...more

Global PHP And IP5 – Latest Iteration In The Patent Prosecution Highway

The Patent Prosecution Highway (also referred to as the “PPH”)embodies numerous bilateral agreements between dozens of countries providing that an indication of allowable subject matter in one country may trigger accelerated...more

Board Invalidates Design Patent

In Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, Ltd., IPR 2013-00072, Paper 28 (April 28, 2014), the Board invalidated U.S. Patent No. D617,465. The Petition argued that the patent was not entitled to its priority...more

Court Won't Review USPTO Denial of Inter Partes Review

In a decision issued on April 18, 2014, Judge Payne of the U.S. District Court for the Eastern District of Virginia granted the USPTO’s motion to dismiss the case brought by Dominion Dealer Solutions, LLC to challenge the...more

Court Report

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Celltrion Healthcare Co. et al. v. Janssen Biotech, Inc. 1:14-cv-11613; filed March 31, 2014 in the District Court of...more

Strategic Use of Terminal Disclaimer

In Amkor Technology, Inc. v. Tessera, Inc., IPR201-00242, Paper 117, (April 14, 2014), the patent owner filed a terminal disclaimer of the remainder of the patent term (which was going to expire later in the year), to force...more

Protecting and Enforcing Your High Technology Intellectual Property - Webinar Replay [Video]

Our panel of Knobbe Martens partners hosted a complimentary and informative webinar to discuss the state of software and hardware IP protection and enforcement. Challenges to obtaining broad software and hardware IP...more

Review – U.S. Patent and Trademark Office Subject Matter Eligibility Guidelines

On March 4, 2014 the USPTO issued new patent subject matter eligibility guidelines in an attempt to provide examiners and patent practitioners with some guidance on which claims improperly encompass laws of nature, natural...more

IP Newsflash - April 2014

For the First Time, PTAB Rules for Patent Owner After Inter Partes Review Trial Instituted - A PTAB panel has held, for the first time, that all challenged claims of a patent are valid following completion of an inter...more

Count Your Pages (the Board Does)

In Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., IPR2013-00584, Paper 34 (April 14, 2014), the patent owner filed observations on cross-examination that exceeded the 15 pages permitted by 37 C.F.R. §...more

Protecting and Enforcing your High Technology Intellectual Property

In This Presentation: - Software Patents Issues in the USPTO - Functional Claiming in Software Patents - Covered Business Method (CBM) Review - Will the Supreme Court kill all software patents this term? -...more

What’s Laid is Played

In Mobotix Corp. v. E-Watch Corporation, IPR2013-00335, Paper 35 (April 14, 2014), the Board denied the petitioner’s request to add two pinpoint citations to its reply brief, which the petitioner claimed were inadvertently...more

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

Misstatements on Application for In Forma Pauperis Status Results in Dismissal of Patent Infringement Action with Prejudice

Plaintiff filed a patent infringement action and also filed an application to proceed in pro per and In Forma Pauperis. The defendants file a motion to dismiss the action based on false statements in the application....more

Augusta-Based Eagle Parts Files Complaint Against Allshields, Inc. Alleging Infringment of "Windshield Fastening Device" Patent

On April 3, 2014, Eagle Parts & Products, Inc. of Augusta, Georgia (“Eagle”) filed a complaint against Allshields, Inc. of Raleigh, North Carolina (“Allshields”) alleging infringement of U.S. Patent No. 7,380,860 (“the ‘860...more

Generic’s Counterclaims for Non-Infringement are Proper Despite Covenant Not to Sue From Brand

On April 9, 2014, in Purdue Pharmaceutical Products, L.P. v. TWi Pharmaceuticals, Inc., Civ. No. 12-5311 (D.N.J.), Judge Jose L. Linares of the United States District Court for the District of New Jersey ruled that a generic...more

EDNY – First-Filed Action Forum Should Determine Whether an Exception to the First-to-File Rule Applies

On November 26, 2013, Silver Line Building Products LLC (“Silver Line”) filed a declaratory judgment complaint in the Eastern District of New York against J-Channel Industries Corporation (“J-Channel”), seeking a declaration...more

Patent Troll Legislation Stuck in Fee-Shifting Debate

Patent reform legislation has garnered much national attention over the past year, as Congress has introduced numerous proposals to curb perceived litigation abuse by patent trolls. (See our previous alert here.) The House of...more

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