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Morrison & Foerster LLP

Sonos v. Google Breathes New Life into Prosecution Laches Doctrine

Morrison & Foerster LLP on

A recent district court decision in Sonos v. Google has set forth a novel application of the prosecution laches doctrine to a patent with a post-1995 priority date. Sonos Inc. v. Google LLC, 20-06754 WHA, 2023 WL 6542320...more

Fitch, Even, Tabin & Flannery LLP

Patent Applicants May Lose Rights by Causing Too Much Delay

Fitch, Even, Tabin & Flannery LLP on

On June 1, in Hyatt vs Hirshfeld, the Federal Circuit upheld the USPTO’s decision to reject a patent application for prosecution laches, based on delay by the applicant. The decision details behaviors that, while likely...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Clarification Regarding Petitions Based on Unintentional Delay

McDonnell Boehnen Hulbert & Berghoff LLP on

Last week, the U.S. Patent and Trademark Office issued a notice in the Federal Register (85 Fed. Reg. 12222), in which the Office clarified its practice with respect to those situations where the Office will require...more

Faegre Drinker Biddle & Reath LLP

After Supernus: It’s Up to You to Keep Your Patent Alive All Its Days

Faegre Drinker Biddle & Reath LLP on

Patentees may obtain additional PTA if the USPTO’s calculation of “applicant delay” includes a period of time during which the patentee could have taken “no identifiable effort” to avoid. However, the onus is entirely on the...more

Knobbe Martens

Supernus Pharmaceuticals, Inc. Et Al. v. Iancu

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Schall, and Reyna. Appeal from U.S. District Court for the Eastern District of Virginia. Summary: The USPTO is only authorized to reduce Patent Term Adjustment (PTA) for applicant...more

Wilson Sonsini Goodrich & Rosati

Selected Favorable Pharmaceutical Intellectual Property Provisions of the USMCA

Wilson Sonsini Goodrich & Rosati on

After more than a year of negotiations, the U.S., Mexico, and Canada recently concluded the United States-Mexico-Canada Agreement (USMCA). The USMCA, when it takes effect, will replace the North American Free Trade Agreement...more

Foley & Lardner LLP

Patent Term Adjustment In South Korea

Foley & Lardner LLP on

According to this bulletin from Lee International IP & Law Group in South Korea, Korean patents filed on or after March 2012 may be entitled to Patent Term Adjustment if they issued more than 4 years after the filing date and...more

Foley & Lardner LLP

Examination Delay Earns Patent Term Adjustment Only In One Application

Foley & Lardner LLP on

In Mohsenzadeh v. Lee, the Federal Circuit affirmed the district court’s decision that the USPTO’s delay in issuing a Restriction Requirement in a parent application does not earn Patent Term Adjustment (PTA) for the ensuing...more

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