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Trade Secrets Inter Partes Review (IPR) Proceeding

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Baker Botts L.L.P.

Intellectual Property Report - August 2024

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Be an Expert: Precedential PTAB Decision on Conclusory Expert TestimonyStutti TilwaA recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

A&O Shearman

UPC denies third party access to revocation action and evidence

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In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2022

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In This Issue - Artificial Intelligence: Deepfakes in the Entertainment Industry — Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2021

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In This Issue - Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions? In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the...more

Bradley Arant Boult Cummings LLP

Is Evidence of Copying Enough to Support a Finding of Nonobviousness? - Intellectual Property News

In a precedential decision that was unsealed last week by the Federal Circuit, the Patent Trial and Appeals Board (PTAB) was told that it erred in not considering evidence of copying when rendering its decision on obviousness...more

Jones Day

SDNY Rules Forum Selection Clause Does Not Bar IPR

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On July 2, 2019, Judge Cote of the Southern District of New York issued an opinion that denied a motion for a preliminary injunction ordering the defendant to withdraw its petitions for inter parties review (“IPR”) at the...more

Knobbe Martens

Patent Law Update for Medical Device Companies 2018 (Presentation)

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Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session...more

WilmerHale

Federal Circuit Patent Updates - July 2018

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Biodelivery Sciences Intl. v. Aquestive Therapeutics, Inc. (No. 2017-1265, -1266, -1268, 7/31/18) (Newman, Lourie, Reyna) - Newman, J. Remanding IPRs so the Board can consider non-instituted claims and grounds per the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2018 #3

PATENT CASE OF THE WEEK - Polara Engineering Inc. v. Campbell Company, Appeal Nos. 2017-1974, -2033 (Fed. Cir. July 10, 2018) In this wide-ranging opinion, the Court provided a rare and lengthy opinion on the public use...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Hogan Lovells

EU Commission Draft Brexit Agreement clarifies continued Protection for Unitary IPRs

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On 28 February 2018, the European Commission published the draft Brexit Withdrawal Agreement between the EU and the UK. The paper is, of course, only a draft and the UK government has not yet commented on or agreed to any of...more

Knobbe Martens

Monsanto Technology LLC v. E.I. Dupont De Nemours

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Federal Circuit Summaries - Before Dyk, Reyna, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: Extrinsic evidence can be used to find that an allegedly anticipating reference necessarily includes...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Hogan Lovells

Patents or Trade Secrets? Yes, Please.

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Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2017

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It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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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 the...more

Morrison & Foerster LLP - MoFo@ITC

Top Developments at the ITC in 2016

In the last year, this blog has covered a number of substantial developments at the International Trade Commission. Among other things, 2016 saw (1) an increased usage of the ITC’s 100-day program for early resolution of...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Issues 2016 Special 301 Report

On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law: Winter 2016 Vol. 14, Issue 1

Patentable Subject Matter after Alice: Best Practices for Responding to 35 U.S.C. § 101 Rejections - It has been over 20 months since the Supreme Court handed down the landmark decision in Alice Corp. v. CLS Bank Int’l,...more

Foley & Lardner LLP

Athletic Shoe Lawsuits are Off and Running

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Sneakers have been around for a very long time – at least since the late 1800’s. The first patent for a rubber heel for shoes was granted in 1899, and the first patent for “athletic shoes” issued in 1921, although it related...more

Foley Hoag LLP

Patenting: A Guidebook For Patenting in a Post-America Invents Act World

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Patenting - Patenting generally offers a superior means for legally protecting most inventions, particularly since: • copyright, when available, does not provide a broad scope of protection; and • the...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law: Fall 2014 - Vol. 12, Issue 4

In This Issue: - Prior Art Redefined Under the AIA - PTAB Holds a Firm Line on Additional Discovery - The Art of Prior Art Searching - Anticipating a Federal Trade Secret Law - Trademark...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2014

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Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more

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