Patents

News & Analysis as of

Inter Partes Review Not Stayed, Despite Looming Patent Ownership Trial

Symantec Corp. v. RPost Commc’ns Ltd. - Addressing a motion to stay an inter partes review (IPR) by the patent owner, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the Board) denied the...more

PTAB on Analogous Art

Schott Gemtron Corp. v. SSW Holding Co., Inc. - In a final written decision addressing the patentability of claims challenged as obvious, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the...more

President and Fellows of Harvard College v. Lee (Fed. Cir. 2014)

One of the most iconic inventions of the biotechnology era is the "Harvard Oncomouse" invented by Philip Leder and Timothy Stewart in the early 1980's. One of the first transgenic mice transformed with DNA encoding something...more

Counsel May Confer with a Witness Between Cross-Examination and Re-Cross, but the Witness Might Be Re-Crossed on the Substance of...

Organik Kimya AS v. Rohm and Haas Co. - In an order regarding allowable communications between counsel and witness, the Patent Trial and Appeal Board (PTAB) held that counsel may confer with a witness between the end...more

IP|Trend: Discovering Source Code [Video]

Source code is increasingly becoming prevalent in litigation. Patent cases, copyright, trade secret, and even mass tort cases can turn on the content and function of source code. Attorneys Seth Northrop and David Prange...more

No Motivation to Combine Where Combination Requires Complete Redesign

Shaw Industries Group, Inc. v. Automated Creel Systems, Inc. - In a final written decision for two consolidated inter partes review (IPR) proceedings, the U.S. Patent and Trademark Office’s Patent Trial and Appeal...more

PTAB Grants Request for Rehearing Relating to Procedure for Serving Petitions

Facebook, Inc. v. Rembrandt Social Media, L.P. - In an order granting a request for rehearing to address the issue of a filing date of a petition for inter partes review (IPR), the U.S. Patent and Trademark Office’s...more

Board Denies IPR Challenge Based on Insufficient Chemical Range Overlap

Despite a long history of precedence, chemical “range” cases still generate contested issues and inter partes review proceedings are no different. The Board considered an issue relative to an overlap of ranges in E Ink...more

A Peek at the 60 Minutes GenePeeks Patents

On October 26, 2014, 60 Minutes aired a story called “Breeding Out Disease” that included a segment about GenePeeks, a company that uses genetic information from prospective parents to make thousands of “digital babies” and...more

The PTAB Authorizes the Patent Owner to File Its Motion for Leave to Take Discovery of General Electric on Possible Privity with a...

In General Electric Co. v. Transdata, Inc., the patent owner requested authorization to file a motion for leave to take discovery of petitioner General Electric regarding whether GE is in privity with a defendant in...more

A Sea Change after Alice: Recent Court Decisions Show Patents Are Vulnerable under Section 101 Attack

Since 2010, the Supreme Court has issued four decisions on patent-eligible subject matter under 35 U.S.C. § 101. In the most recent decision, Alice Corp. v. CLS Bank, the Court continued the restrictive approach set forth in...more

Petitioner Barred from Raising Arguments Not in Petition

TRW Automotive US LLC v. Magna Elecs., Inc. - Addressing the petitioner’s request for rehearing of a denial for review, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the Board) denied the...more

Examination of Myriad-Mayo Guidance Comments -- University Community Joint Comment

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

IPR Joinder, While Common, is Not a Matter of Right

In IPR2014-00702, the Board denied Petitioner’s Motion for Joinder with a similar proceeding (IPR2014-00057), in a case styled as Unified Patents, Inc. v. PersonalWeb Technologies, LLC & Level 3 Communications, involving US...more

The Pitfalls Of Incorporation By Reference And Numerous Arguments In Inter Partes Review

The Leahy-Smith American Invents Act provides post-grant procedures for challenging the validity of a granted patent before a panel of administrative law judges from the Patent Trial and Appeal Board (the “Board”). The United...more

District Court Precludes Admission of Inter Partes Review Proceedings in Front of Jury But Permits Consideration as part of...

In this patent infringement action between Ultratec, Inc. ("Ultratec") and Sorenson Communications, Inc. ("Sorenson"), Sorenson sought to admit evidence of an inter partes review proceeding of the patent-in-suit. Sorenson...more

Ropes & Gray: Advantages of the Patent Trial and Appeal Board [Video]

There are arguments that you could never present and win effectively in a jury trial that you can present at the U.S Patent Trial and Appeal Board (PTAB). The board has rocketed to a very leading role even in this first year...more

Surviving PTAB Trials As A Patent Owner: Protecting Your Portfolio From The PTAB "Death Squads"

In 2013, then Chief Judge Rader of the United States Court of Appeals for the Federal Circuit coined the phrase “patent death squads” to describe the panels of the Patent Trial and Appeal Board (“PTAB”). As of the date of...more

PTAB Update -- Is "Broadest Reasonable Interpretation" the Appropriate Standard?

One of the more controversial rules concerning PTAB trials promulgated by the USPTO in the wake of the America Invents Act was the adoption of the "broadest reasonable interpretation" ("BRI") claim construction standard for...more

United States and China Patent Offices Launch Priority Document Exchange

The United States Patent and Trademark Office (PTO) and the State Intellectual Property Office of China (SIPO) have launched a new service that will allow the two offices to exchange patent application priority documents -...more

Federal Circuit Review | October 2014

Inequitable Conduct Ruling Upheld - In AMERICAN CALCAR, INC. v. AMERICAN HONDA MOTOR CO., Appeal No. 2013-1061, the Federal Circuit affirmed a finding of inequitable conduct. Calcar asserted patents related to...more

Guide To Doing Business in New Zealand: Intellectual Property

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property in New Zealand. These laws permit the creation of legal rights to the exclusive use or ownership of copyright...more

How Have Courts Interpreted the Recent Guidance of the Supreme Court on When to Afford Attorneys’ Fees Under the Patent Act?

During the last term, the Supreme Court issued a number of opinions related to patents. One of these opinions was Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749, 188 L. Ed. 2d 816 (2014), a case dealing...more

Patent Owners: Better Address All Obviousness Arguments Raised by Petitioner

Pharmatech Solutions, Inc. v. LifeScan Scotland Ltd. - In a final written decision addressing an obviousness challenge, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the Board) found the...more

PTAB Addresses Issue of Whether IPR Prior Art is Enabling

A “Hail Mary” of sorts, for Patent Owners, in their fight to defend the patentability of a challenged patent, can be an argument that a particular prior art reference is not relevant to the patentability analysis because it...more

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