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Patents Legislative History

Goodwin

In re Cellect: Federal Circuit Opens New Path for Double Patenting Challenges

Goodwin on

On August 28, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in In re Cellect (No. 22-1293) that answered a longstanding question regarding the relationship between Obvious-Type Double...more

WilmerHale

Patent Term Adjustments in Jeopardy After In re Cellect

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This week’s Federal Circuit decision confirms that term-adjusted patents can be invalidated by earlier-expiring patents in the same patent family under the obviousness-type double patenting (ODP) doctrine. This ruling is...more

Knobbe Martens

$5 Million Attorneys’ Fee Award Affirmed Because Government’s Litigation Position Not Substantially Justified

Knobbe Martens on

HITKANSUT LLC V. UNITED STATES - Before Prost, Clevenger, and Moore. Appeal from the Court of Federal Claims. Summary: Fee-shifting under 28 U.S.C. § 1498(a), turns on whether “the position of the United States was...more

Jones Day

PTAB Designates Precedential Decision Relating to Infringer’s Civil Action Barring IPR

Jones Day on

The PTAB designated as precedential a January 2019 panel decision relating to the bar on instituting an IPR under 35 U.S.C. § 315(a)(1) when the petitioner previously filed a civil action challenging the validity of the...more

Jones Day

POP: Does a Complaint Without Standing Trigger The IRP Time Bar?

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The PTAB’s Precedential Opinion Panel (POP) will consider, at the behest of 360Heros, whether a complaint alleging patent infringement made by a party other than the patent owner of the patent triggers the § 315(b) time bar....more

Akin Gump Strauss Hauer & Feld LLP

An Overview, A Summary And An Update To The Latest Patent Reform

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

Ladas & Parry LLP

A Brief History of the Patent Law of the United States

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Public perception of the patent system has swung widely over the years from highs, such as those in the late nineteenth century when Mark Twain could write “a country without a patent office and good patent laws was just a...more

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