What are the Implications of Alice v. CLS?
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Derivation Proceedings: What You Need to Know
What is Graphene? Fenwick Patent Attorney Has the Answer
Examining Trends in Worldwide Design IP Filings
Track One and the Patent Prosecution Highway
The Intersection Between Intellectual Property Law and Employment Law
Lessons from Nautilus v. Biosig at the Supreme Court
The Art of Communicating to a Jury
The Evolution of Patent Damages
The Changing Landscape of Intellectual Property in China
How does the IPR Process Work?
Interpartes Review: Is it Right for You?
Taking Notice of Notice Letters
Protecting and Enforcing Your High Technology Intellectual Property - Webinar Replay
Patent Infringement Defense Leveraging Contested Proceedings
Design Patents: New Implications from the Hague Agreement
Patent Litigation and the Proposed Innovation Act of 2013
Emerging Strategies for Protecting Global IP Rights
Demonstratives in Post-Grant Proceedings
While the Supreme Court’s ruling in Alice v. CLS Bank does not mean that software is ineligible for patent protection, the decision leaves many questions on patent eligibility unanswered. In the second video of a two-part...more
In the Macronix International Co., Ltd. et al. v. Spansion LLC, the PTAB denied Petitioner's motion for joinder under Section 315(c). On November 8, 2013, the Petitioner filed a petition for inter partes review of U.S. Patent...more
As this patent infringement action headed to trial, the district court scolded both parties for their exhibit lists and, in particular, the objections to the exhibit lists. The district court explained that "Affinity has...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Cadence Pharmaceuticals Inc. et al. v. InnoPharma Licensing LLC et al. 1:14-cv-01225; filed September 24, 2014 in the...more
In the Ariosa Diagnostics v. ISIS Innovation Limited inter partes review, the PTAB set for the guidelines for taking depositions in a foreign language as required by 37 C.F.R. § 42.53(c). In addition to the requirement of...more
On August 21, 2014, Pennsylvania-based Specialty Surfaces International, Inc. (“SSI”) filed a complaint against Georgia-based Deluxe Athletics, LLC (“Deluxe Athletics”) alleging infringement of U.S. Patent No. 5,976,645 (the...more
In Medtronic, Inc. v. Marital Deduction Trust, IPR2014-00695, Paper 18 (September 25, 2014), the Board denied Medtronic’s motion to join the IPR with a prior IPR 2014-00100, also involving U.S. Patent No. 5,593,417. The...more
In inter partes proceeding Apple Inc. v. Rensselaer Polytechnic Institute et al., IPR2014-00320, Petitioner Apple sought a second request for rehearing, before an expanded panel of the PTAB, on the Board's decision not to...more
Amazon.com ("Amazon") filed a motion to dismiss Tuxis Technologies, LLC's ("Tuxis") complaint for failure to state a claim. Tuxis alleged infringement of the 6,055,513 ("the '513 patent") against Amazon. As explained by the...more
In SCHOTT Gemtron Corporation v. SSW Holdings Company, Inc., IPR2014-00367, Paper 30 (September 22, 2014), the Board forgave a clerical error that resulted in the petitioner’s expert declaration not being filed until January...more
Federal Circuit Has Jurisdiction to Decide Non-Patent Causes of Action That Involves a Substantial, Non-Hypothetical Disputed Patent Law Issue -
On September 16, 2014, a Federal Circuit panel consisting of Circuit...more
In this patent infringement action between Personal Audio ("Personal Audio") and Togi Entertainment, Inc. ("Togi"), the defendants filed a motion for summary judgment based on a license defense. They requested summary...more
In Target Corporation v. Destination Maternity, IPR2014-00508, Paper 20 IPR2014-00509, Paper 19 (September 25, 2014), the Board denied the petitions as barred under 35 USC 315(b),finding that Target could not “join” its later...more
In Masimo Corporation v. Philips Electronic North America Corporation, et al., the Philips Defendants moved for leave to amend their answer to add a defense of inequitable conduct based on Masimo's alleged inequitable conduct...more
Now that we have a growing body of statistics on the Inter Partes Review proceedings created by the America Invents Act, it is interesting to see how the proceedings are being resolved. With the significant attention given to...more
The Supreme Court’s decision in Alice Corp. Pty. Ltd. vs. CLS Bank Int’l, 134 S. Ct. 2347 (decided June 19, 2014) (“Alice”) is an important decision that will have an impact on software and computer-related inventions. In its...more
The Federal Circuit has scheduled oral argument in Myriad Genetics' appeal of denial earlier this year by the Utah District Court of its motion for preliminary injunction against Ambry Genetics....more
Welcome to Volume 7 of our IPR-PGR Quarterly Report.
We take special note of three interesting statistics this quarter. First, obtaining amended patent claims in these proceedings remains difficult. ...more
The Supreme Court’s decision in Alice Corp. Pty. Ltd. vs. CLS Bank Int’l, 134 S. Ct. 2347 (decided June 19, 2014) (“Alice”) is an important decision that will have an impact on software and computer-related inventions. In...more
September 24, 2014 – In a Final Written Decision finding the patentee’s claim 1 unpatentable, the PTAB denied a motion to add a substitute claim that added hundreds of words to challenged claim 1. The PTAB held that the...more
In the lastest instance of a plaintiff attempting to extend the Supreme Court's holding in FTC v. Actavis that "reverse payment" settlement agreements in ANDA litigation could be anticompetitive and violate the antitrust...more
September 22, 2014 – For the second time in a month (see our previous PTAB Highlight regarding IPR2014-00491 below), the PTAB has refused to consider arguments incorporated by reference into an IPR petition. ...more
Scent marketing is as old as a real estate agent baking cookies in a house for sale and as new as Oscar Mayer’s “bacon” alarm clock. Harnessing the primal power of smell represents a new frontier of subliminal...more
Patent services provider inovia has released its fifth annual report on global patent and IP trends. In compiling "The 2014 U.S. Global Patent & IP Trends Indicator," inovia, which produces products for PCT national phase...more
In a Conduct of the Proceeding Order and Decision Denying Patent Owner’s Motion for Additional Discovery, the PTAB addresses the situation of proffered declaration testimony that was not prepared for the purposes of the inter...more
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