Patents

News & Analysis as of

Federal Circuit to Review PTAB Post-Grant Review Proceedings in SAP v. Versata: PTAB Jurisdiction; Grounds on Which Invalidity May...

On September 16, 2012, post-grant proceedings became available as means to challenge patent validity pursuant to the America Invents Act. The post-grant proceedings take place before the Patent Trial and Appeal Board...more

First AIA Roundtable Hints at More Conservative Approach to PTAB Review

On April 15, 2014, the Patent Trial and Appeal Board (“PTAB”) hosted the first in a series of eight scheduled roundtable discussions intended to share information about the new America Invents Act (“AIA”) trials, including...more

Court Report - Part II

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Helsinn Healthcare S.A. et al. v. Cipla Ltd. et al. 1:14-cv-00427; filed April 7, 2014 in the District Court of...more

10 Reasons Every Defendant in Patent Litigation Should Consider Inter Partes Review

Numerous articles and practitioners are touting inter partes review (IPR) proceedings, and for good reason. Here is a quick breakdown of why these proceedings are considered pro-petitioner and why every patent infringement...more

China Business Update: China’s Evolving Legal Landscape for Trade Secret Protection

2013 will be remembered as a watershed year for trade secret protection in China. In January 2013, China’s Amended Civil Procedure Law came into force, giving courts discretion to issue interlocutory injunctions (1)...more

Judge Thrash Declines to Read in Limitations From the Specification in Dysphagia Treatment Patent Dispute

On April 4, 2014, Judge Thrash issued an opinion and order construing a number of claims of U.S. Patent Nos. 5,725,564 ("the '564 patent"), 5,987,359 ("the '359 patent"), 6,104,958 ("the '958 patent"), and 7,280,873 ("the...more

Doing Business in Latin America and The Caribbean: Ecuador

Situated on the northwest coast of South America, the Republic of Ecuador encompasses an area of approximately 256,549 square kilometers, or 99,438 square miles. Ecuador is a constitutional, democratic, sovereign and...more

Recent Developments In Information Technology Law – First Quarter 2014

U.S. SUPREME COURT - Patents - As reported at 87 BNA’s PTCJ 332, on December 6, 2013, the Supreme Court grants a petition for writ of certiorari in a case challenging software method and system patent...more

Survey launched on protection and enforcement of Intellectual Property Rights outside the EU

The EU’s Observatory on Infringement of Intellectual Property Rights has launched a survey on the protection and enforcement of intellectual property rights in third countries. ...more

London’s IP Anti-Crime Unit shuts down leading sports file-sharing site

The City of London’s Police Intellectual Property Crime Unit (PIPCU) has successfully shut down the ‘Sports Torrent Network’, a leading sports file-sharing site offering its members links to sports events online. ...more

Joinder Denied

Athrex, Inc. v. Bonutti Skeletal Innovations LLC, IPR2013-00632, Paper 23 (April 16, 2014), petitioner moved to joint IPR2014-00632 with IPR2014-00633 to avoid any estoppel effect if a decision is renedered in one proceeding...more

Patent Filings and Final Decisions for April 23, 2014

New Filings - Petroleum Geo-Services, Inc. filed IPR2014-00678 challenging claim 14 U.S. Patent No. 6,6691,028, assigned to Westerngeco, LLC....more

BRI = I

In Toyota Motor Corporation v. LeRoy G. Hagenbuch, IPR 2013-00483, Paper 21 (April 16, 2014), the patent expired during the inter partes review, as a result the parties and the Board agreed that “broadest reasonable...more

IPO Guidance on Copyright Reforms

The Intellectual Property Office (IPO) has published guidance for copyright owners and consumers which outlines certain changes to current copyright law due to come into force on 1 June 2014....more

IP Decisions Abound at the Supreme Court in Spring 2014

After leaving the realm of intellectual property law alone for decades, and allowing the Federal Circuit 25 years of mostly undisturbed jurisprudence, the United States Supreme Court has strongly reestablished its presence...more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

The Board is Conservative in Authorizing Additional Discovery

In ACCO Brands Corporation v. Fellowes, Inc., IPR2013-00566, Paper 16 (April 18, 2014), Fellowes sought additional discovery related to secondary considerations. The Board denied the discovery....more

Five Considerations When Choosing How to Challenge Patent Validity

Inter partes review (IPR) is quickly becoming a popular choice for challenging the validity of a patent. The America Invents Act (AIA) established IPR as a mechanism for challenging patent validity through an evidentiary...more

Global PHP And IP5 – Latest Iteration In The Patent Prosecution Highway

The Patent Prosecution Highway (also referred to as the “PPH”)embodies numerous bilateral agreements between dozens of countries providing that an indication of allowable subject matter in one country may trigger accelerated...more

Board Invalidates Design Patent

In Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, Ltd., IPR 2013-00072, Paper 28 (April 28, 2014), the Board invalidated U.S. Patent No. D617,465. The Petition argued that the patent was not entitled to its priority...more

Court Won't Review USPTO Denial of Inter Partes Review

In a decision issued on April 18, 2014, Judge Payne of the U.S. District Court for the Eastern District of Virginia granted the USPTO’s motion to dismiss the case brought by Dominion Dealer Solutions, LLC to challenge the...more

Court Report

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Celltrion Healthcare Co. et al. v. Janssen Biotech, Inc. 1:14-cv-11613; filed March 31, 2014 in the District Court of...more

Strategic Use of Terminal Disclaimer

In Amkor Technology, Inc. v. Tessera, Inc., IPR201-00242, Paper 117, (April 14, 2014), the patent owner filed a terminal disclaimer of the remainder of the patent term (which was going to expire later in the year), to force...more

Protecting and Enforcing Your High Technology Intellectual Property - Webinar Replay [Video]

Our panel of Knobbe Martens partners hosted a complimentary and informative webinar to discuss the state of software and hardware IP protection and enforcement. Challenges to obtaining broad software and hardware IP...more

Review – U.S. Patent and Trademark Office Subject Matter Eligibility Guidelines

On March 4, 2014 the USPTO issued new patent subject matter eligibility guidelines in an attempt to provide examiners and patent practitioners with some guidance on which claims improperly encompass laws of nature, natural...more

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