ACADEMI's Suzanne Rich Folsom and PwC's Glenn Ware on Moral Hazard
In 2007, Dey L.P., Dey Inc., and their parent company Mylan, Inc. (collectively, "Dey") sued Sunovion Pharmaceutical, Inc. ("Sunovion"; formerly known as Sepracor, Inc.) for infringement of five of Dey's patents....more
Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more
The Federal Circuit’s May 20 decision in Dey LP v. Sunovion Pharmaceuticals Inc., Case No. 2012-1428, provides a welcome clarification of the court’s “public use” law. The court explained that an alleged “public use” is...more
The transition to the first-inventor-to-file (FITF) system occurs on March 16, 2013. To prepare for implementing the change to the FITF system, the United States Patent and Trademark Office (USPTO), on February 14, 2013,...more
The USPTO’s final First Inventor To File rules and Examination Guidelines were published in the February 14, 2013 edition of the Federal Register. While many of the final rules are identical to the proposed rules, there are...more
What is an inter partes review?
An inter partes review (“IPR”) enables a third party to challenge one or more claims in an issued patent at the United States Patent & Trademark Office (“Office”). IPR was designed to...more
[A] third party cannot sue the PTO under the APA to challenge a PTO decision to issue a patent.
On December 6, 2012, in Pregis Corp. v. Kappos, the U.S. Court of Appeals for the Federal Circuit (Prost, Clevenger,...more
Patent reform has been in the pipeline, in one form or another for a number of years....more