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Patents Infringement Prior Art

McDermott Will & Emery

Preliminary Injunction Upheld in Cancer Relapse Detection Case

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The US Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction (PI) in the biopharmaceutical space, concluding that the plaintiff satisfied the requirements for injunctive relief, including...more

Fenwick & West LLP

What Does “Prior Art” Mean in Copyright Law?

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The traditional understanding in copyright law is that the concept of “prior art” is only applicable to patents and that the term is not relevant in assessing whether a defendant has infringed someone’s copyright. Patent law...more

Buckingham, Doolittle & Burroughs, LLC

A Fine Line Between Co-Owner and Infringer

Can an employee’s unpatentable “idea”, conceived under a duty to assign intellectual property, give rise to co-ownership in an invention conceived after employment terminates? That was the question on appeal in Bio-Rad...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Case Digest: Spencer v. Taco Bell Corp.

Decision Date: October 2, 2013 - Court: M.D. Florida - Patents: D643,474 - Holding: Defendant’s motion for summary judgment of patent invalidity and non infringement GRANTED. Opinion: ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Research Foundation of State University of New York v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2013)

When assessing the validity of a patent, you cannot ignore the dependent claims. That was the main takeaway from the recent Federal Circuit case, Research Foundation of State University of New York v. Mylan Pharmaceuticals...more

BakerHostetler

BakerHostetler Patent Watch: Apple, Inc. v. Int'l Trade Comm'n

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[E]vidence relating to all four Graham factors -- including objective evidence of secondary considerations -- must be considered before determining whether the claimed invention would have been obvious to one of skill in the...more

BakerHostetler

BakerHostetler Patent Watch: Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc.

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Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand....more

McDermott Will & Emery

IP Update, Vol. 16, No. 7, July 2013

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“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: UK Court of Appeal Considers Sufficiency

The Court of Appeal recently heard a case relating to Genentech's patent, which claimed the use of human vascular endothelial growth factor (hVEGF) antagonists for the treatment of non-cancerous diseases which are...more

Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 5 - May 2013

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In This Issue: • Patent Office Must Prove Prior Art Reference Is Enabling • Complaint Was Adequate Despite Non-Infringing Possibilities • FDA Approval Not Relevant to Obviousness Analysis - Excerpt from...more

McDonnell Boehnen Hulbert & Berghoff LLP

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

McDermott Will & Emery

IP Update, Vol. 16, No. 4, April 2013

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Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

Farella Braun + Martel LLP

Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

Parties in patent infringement lawsuits frequently must choose a witness to explain complex or scientific technology behind an invention or an accused product that sits at the heart of a claim or a defense. Often, the parties...more

BakerHostetler

Patent Watch: Saffran v. Johnson & Johnson

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On April 4, 2013, in Saffran v. Johnson & Johnson, the U.S. Court of Appeals for the Federal Circuit (Lourie,* Moore, O'Malley) reversed the district court's judgment that Johnson & Johnson and Cordis Corp. infringed U.S....more

Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 2 February 2013

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In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

Foley & Lardner LLP

USPTO Considers Best Practices to Improve Patent Application Quality

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In a Federal Register Notice published January, 13, 2013, the USPTO asks the public to consider potential best practices aimed at improving patent application quality ”in order to facilitate examination and bring more...more

Knobbe Martens

Federal Circuit Review - Volume 2 | Issue 12 December 2012

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In This Issue: • Indexing Not Required for Online Prior Art Publication • Claim Indefinite for Not Disclosing Any Structure • Aluminum Not Inherently Disclosed - Excerpt from Claim Indexing Not Required...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Speculation Invalidates Invention?

Originally published in Forresters on December 23, 2012. Over the past few years the UK patents courts have moved closer to the approach of the European Patent Office (EPO) on inventive step. In particular, the UK...more

Bennett Jones LLP

Doing Business in Canada: Intellectual Property Law

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Intellectual property (IP) portfolios are valuable assets that must be properly acquired, advantageously exploited and thoroughly protected in all commercially significant jurisdictions. Companies considering doing business...more

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