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The IP Legal Minute - Quarter #1 2017: Examiner Legal Training

The USPTO recently released materials for training patent Examiners on how to rebut legal arguments during prosecution. Titled “Responding to Legal Arguments (RLA),” these materials train patent Examiners about (i) the basics...more

2017 Brings Issuance of New Design Patents for the Fashion Industry

It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry... ..Design patents should always be considered for timeless and iconic pieces or...more

Do I Need a Patent Prior Art Search?

This is a common question among many new inventors. To be patentable, an invention must be novel and non-obvious in view of the “prior art.” Prior art includes prior filed patents, patent applications, and other public...more

State Universities Gain Immunity from IPRs

State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more

Personal Web Technologies, LLC v. Apple, Inc. (Fed. Cir. 2017)

Apple filed a successful petition for Inter Partes Review (IPR) of Personal Web Technologies' U.S. Patent No. 7,802,310. In its final written decision, the Patent Trial and Appeal Board (PTAB) agreed with Apple's contention...more

Broad Institute/MIT/Harvard CRISPR Patents Survive PTO Interference

Yesterday, the PTAB in interference 106,048 issued a short order finding no interference- in- fact between the claims of 12 Broad Institute patents (US Patent Number 8,697,359 et al.) and the application held by The Regents...more

Biogen to Pay Forward $1.25 Billion in Settlement

Forward Pharma A/S (“Forward”) recently announced that a necessary super majority of its shareholders have approved a settlement of various patent disputes with two wholly-owned subsidiaries of Biogen Inc. (“Biogen”) in which...more

How Addressing 'The Triumvirate of Patent Risks' Can Enhance Your IP Portfolio Value

Why investors and patent owners should carefully consider the Patent Triumvirate throughout the commercial development process and beyond....more

USPTO News Briefs - February 2017

USPTO Announces Expansion of eMod Text Pilot - In August 2015, the U.S. Patent and Trademark Office announced that it would begin implementing a new system that would eventually replace the EFS-Web, Public PAIR, and...more

Intellectual Property Bulletin - Winter 2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

Intellectual Properties Owners Association Proposes Legislative Fix for s. 101

On Wed., February 8, 2017, IPO released the report of its legislation task force. Unlike the hundreds of academic analyses of the legislative history of s. 101 – and this report includes another – the Task Force took the...more

Spotlight on Upcoming Oral Arguments - February 2017

In this appeal, the Federal Circuit will determine whether collateral estoppel can bar a party from asserting an infringement claim when, in previous litigation between the parties, a patent in the same family and covering...more

Design Patents – The Often Forgotten, But Useful Protection for Accessories and a Designer’s Timeless and Staple Pieces

What is a design patent? Although trademarks and copyrights most frequently come to mind when considering the types of intellectual property protection available for fashion items, design patents can also offer valuable...more

Passed House of Representatives Bill May Affect the Burden of Persuasion for Patentability of Amended Claims in IPRs

The U.S. House of Representatives recently passed a bill that, if enacted, could make it easier for patent owners to amend their claims during post-grant proceedings such as inter partes reviews (IPR). The proposed law would...more

USPTO's Accelerated Examination Program to Be Discontinued?

Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (82 Fed. Reg. 3758) requesting comments from stakeholders regarding whether the accelerated examination program should be retained or...more

District Court Finds Decision Not to Institute Indicative of Weak Invalidity Case on Summary Judgment

The United States District Court for the Middle District of North Carolina recently granted summary judgment dismissing defendant’s invalidity claims, based in part on the Patent Trial and Appeal Board’s (“PTAB”) refusal to...more

Even in Light of Reexam, Court Declines to Stay Brite-Strike Patent Litigation

For defendants in patent infringement cases, the strategy of filing for reexamination of the patent-in-suit with the U.S. Patent Office is a common tactic to short-circuit costly litigation—as defendants typically request a...more

USPTO Releases Performance and Accountability Report for FY 2016

The U.S. Patent and Trademark Office recently released its Performance and Accountability Report Fiscal Year 2016. In describing the USPTO's strategic and performance-planning framework, the 2016 report reminds readers that...more

PTAB Provides A Possible Roadmap For Patent Owners To Successfully Argue Secondary Considerations Of Nonobvious

For just the third time ever, the Patent Trial and Appeals Board (“PTAB” or the “Board”) recently sided with a Patent Owner in an inter partes review (“IPR”) to find that evidence of secondary considerations of...more

USPTO Applicants Face Dismal Odds in Finance-related Arts, but Odds Good Outside the US

As reported recently in The Bilski Blog, finance-related patent filings are being allowed at very low rate — 2.6% — so low in fact that the the “median number of allowances per examiner in the two years since Alice is one.” ...more

In re Schweickert (Fed. Cir. 2017)

USPTO's Conclusion of Obviousness Rendered Primary Reference Unsatisfactory for Intended Purpose - In a nonprecedential opinion, the Federal Circuit vacated a decision by the Board and remanded the case on appeal from...more

AILPA Letter to Trump administration lays out top IP priorities

The quick appointment of a qualified leader and significant changes to the U.S. Copyright Office are just some of the major wish-list items the American Intellectual Property Law Association is hoping President Donald Trump’s...more

How to Search Like an Examiner With the Scientific and Technical Information Center

The latest trend in patent examiner prior art searches is pushing examiners to use the Scientific and Technical Information Center (STIC) Program to use more foreign patents and foreign non-patent literature during patent...more

Factual Dispute Defeats Summary Judgment on Inherent Anticipation

Addressing inherent anticipation and inequitable conduct issues, the US Court of Appeals for the Federal Circuit vacated a summary judgment of inherent anticipation, finding that material facts remained in dispute, and...more

PTAB Final Written Decision Not Binding in Federal Circuit Review of Preliminary Injunction Award

The interplay between infringement actions brought in district court and parallel USPTO post-grant proceedings can lead to interesting outcomes. One example is the Federal Circuit’s decision in Tinnus Enterprises, LLC v....more

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