Patents

News & Analysis as of

Design Protection Goes Global: The Hague Agreement Will Change Industrial Design Strategies

The Hague Agreement Concerning the International Registration of Industrial Designs, more commonly known as the “Hague Agreement,” is a treaty that establishes an international filing system for industrial design...more

PTAB Update -- Biopharmaceutical Edition

Earlier this week, the Patent Trial and Appeal Board ("PTAB" or "Board") handed down what is thought to be the first set of inter partes review ("IPR") Final Written Decisions ("FWDs") in the biopharmaceutical industry. And...more

A Slip of the Pen May Cost You Your IPR

The Patent Office is getting inter partes review (IPR) petitions by the boat load. Some patent challengers are adding to the volume by filing numerous IPRs against a single patent. They use each IPR for a distinct set of...more

Comments on USPTO’s Interim Patent Eligibility Guidance (Part 3)

Interim Guidance: Summaries of Patent Eligibility Cases - The Interim Guidance provides succinct summaries of various Supreme Court and Federal Circuit decisions. As explained by the Office at the January 21, 2015...more

District Court Denies Motion to Lift Stay Pending Inter Partes Review Even Where Plaintiff Agreed to Not Pursue Claims That Were...

Barco filed a patent infringement action in September 2011 against Defendants Eizo Nanao Corporation and Eizo Nanao Technologies, Inc. ("Eizo"), alleging that Eizo infringed various claims in U.S. Patent No. 7,639,849 (the...more

After 15 Years, International Applications Under Hague Agreement Available To U.S. Applicants Beginning May 15, 2015

On February, 13, 2015, the U.S. took a major step towards implementing the Hague Agreement Concerning the International Registration of Industrial Designs by depositing an instrument of ratification with World Intellectual...more

What is ‘Blocking IP’?: Why You Should Care When Licensing Source Code

A client this week asked me to help him with a source code license. What started as a simple request with crafting a paragraph inevitably grew due to the concept of “blocking intellectual property.” While I would argue that...more

Pfizer Inc. v. Mylan Pharms. Inc.

Case Name: Pfizer Inc. v. Mylan Pharms. Inc., Civ. No. 10-528-GMS, 2014 U.S. Dist. LEXIS 150283 (D. Del. Oct. 22, 2014) (Sleet, J.) (When a POSA would have to undertake significant guesswork to vary the parameters of...more

The Iron Law of Unintended Consequences - (with apologies to Robert Michels)

It is a certainty that no matter what action is taken (by an individual, a group, or especially a legislative body) that there will be unintended consequences. It is also true that those unintended consequences, like the...more

Combinations of Predictable Elements from the Prior Art Need Not Be Advantageous - Nuvasive, Inc. v. Warsaw Orthopedic, Inc.

Addressing the propriety of combining prior art in an obviousness analysis, U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (“PTAB” or “Board”) determined that a patent for a spinal implant for...more

Limitations on New Arguments and Legal Authority Presented at Oral Hearing - Intri-Plex Technologies Inc. v. Saint-Gobain...

The U. S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) provided further guidance as to what new matter may properly be raised during oral argument, explaining that parties may not present new...more

Tips for Developing a Cost-Effective Foreign Patent Strategy

According to a recent survey of over 100 companies and universities, nearly 93% who filed patent families in 2013 filed at least some of those patent families internationally. While obtaining patent protection abroad is...more

Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear...more

Software Claim Is Held Unpatentable; Disputed Terms Are Not Indefinite

Following a 9-day jury trial, a mistrial was declared due to a hung jury. The court granted JMOL with respect to invalidity of certain claims. New trial dates were set for remaining claims, and the court addresses here...more

Court Precludes Expert’s Lost Profits Testimony

Andrews, J. Defendants’ motion to preclude plaintiff’s expert’s testimony is granted with respect to lost profits and denied with respect to reasonable royalty. The court took testimony and held oral argument on January 30,...more

Court Denies Request For Documents

Defendant seeks documents on the basis of the crime-fraud exception relating to abandonment and revival of a patent application which eventually issued. ...more

Pharmaceutical Patent Score a Win - Amneal Pharms., LLC v. Supernus Pharms., Inc.

In three separate but related final written decisions in the first successful defense of a pharmaceutical patent in an inter partes review (IPR), the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board...more

Post-Alice District Court Decisions Regarding the Patent Eligibility of Computer-Implemented Inventions

It has been about 9 months since Alice Corp. v. CLS Bank International was decided by the Supreme Court. In that time, many district court and Federal Circuit cases have resulted in grants of summary judgment or dismissal...more

Draft Available Only as a Password-Protected Download Is Not a Printed Publication - Samsung Electronics Co. Ltd. v. Rembrandt...

Addressing a petition to institute an inter partes review of a patent for communicating between different modem types, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) declined to institute...more

Proving Inherent Anticipation – Make or Break Your Case With Expert Testimony

Anticipation is a basic concept in patent law. On its face the concept is simple—if a single prior art reference teaches every element of a claim in the proper context, then the claim is not patentable, i.e., it is...more

Changes Coming in U.S. Design Patent Law and Procedures

A design patent has long been available in the United States for protecting the ornamental appearance of an article of manufacture (sometimes referred to as an "industrial design"). Thus, design patents can be generally...more

Don’t Jeopardize Your Patent Rights: Best Patent Practices for Startups

For young, startup companies, the landscape of patents can be difficult to navigate. Patents are expensive and complex and require substantial time and money that are often at a premium for startup companies. At the same...more

Court Cites Objects of Invention in Claim Construction

Pacing Technologies, LLC v. Garmin International, Inc. is one of those Federal Circuit decisions that may send patent practitioners running to their files to double-check the phrasing used in their patent applications. Not...more

Takeda Pharms. USA, Inc. v. West-Ward Pharm. Corp.,

Case Name: Takeda Pharms. USA, Inc. v. West-Ward Pharm. Corp., Civ. No. 14-1268-SLR, 2014 U.S. Dist. LEXIS 155981 (D. Del. Nov. 4, 2014) (Robinson, J.) (Given statements made in the accused product’s proposed labeling,...more

Prepare for the Japanese Patent Opposition System Coming Soon

The Japanese Patent Act was revised on May 14, 2014 to provide for post-grant oppositions within one year of the rule change, i.e., by May 14, 2015 (the exact effective date has not yet been set). Under the new opposition...more

4,079 Results
|
View per page
Page: of 164