Split of Authority Patents

News & Analysis as of

Federal Circuit Recognizes New, but Limited, Privilege for Patent Agent Communications

Introduction - Patent agents are licensed to practice before the United States Patent and Trademark Office (“USPTO”), and perform the same duties as patent attorneys in proceedings before the USPTO, including preparing...more

Newsletter: May 2016

Pleading Common Law Fraud Under Rule 9(b): Conflicting Circuit Court Interpretations - Federal Rule of Civil Procedure 9(b) prescribes the standards for pleading a common law fraud claim. The Rule states that “[i]n...more

USPTO Implementation of AIA Does Not Violate Due Process: Federal Circuit Affirms the PTAB Panel Determining Institution of an IPR...

In Ethicon Endo-Surgery, Inc. v. Covidien LP, a 2-1 panel split of the Federal Circuit held that neither the American Invents Act (“AIA”) nor the Constitution precludes the same panel of the Patent Trial & Appeal Board...more

PTAB Rejects Samsung's Bid to Join Its Own Previously Initiated IPR Proceeding As An Unjustified "Second Bite At The Apple"

In IPR2015-00821, Petitioner Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., sought to join its Petition with a recently initiated IPR proceeding involving the same patent, parties, and counsel. The...more

Supreme Court Denies Certiorari in Momenta Case

The Supreme Court on Monday declined to grant certiorari in Momenta Pharmaceuticals v. Amphastar Pharmaceuticals, a case involving a split in authority that has arisen among Federal Circuit judges regarding the scope of the...more

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...more

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION...more

U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue

The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more

Federal Circuit Holds the Reexamination Door Open in In Re Baxter

When the Federal Circuit denied the Request for Panel Rehearing and Rehearing en banc in In re Baxter, the court let stand its two decisions that affirmed conflicting rulings on the validity of the same patent....more

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