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To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable

A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an...more

Protecting IP in the Face of Russia Sanctions

The US Treasury Department’s Office of Foreign Asset Control (OFAC) has issued two general licenses relevant to intellectual property matters authorizing transactions that would otherwise be prohibited by the sanctions...more

Fireside Chat with Pure Lithium Founder and CEO Regarding Patents [Video]

Sunstein is delighted to present a “Fireside Chat” with Pure Lithium moderated by Thomas C. Carey and Dr. Bill Braunlin. Learn how Pure Lithium Founder & CEO Emilie Bodoin and Co-Founder and Chief Scientific Officer Donald...more

Client Alert: Intellectual Property in Russia

The Russian war on Ukraine has resulted in a series of US sanctions and Russian countermeasures that have disrupted the coordination of patent and trademark rights between the United States and Russia. ...more

The Department of Justice Takes on the IEEE

On September 10, the antitrust division of US Department of Justice (DOJ) took the unusual step of revising a 2015 business review letter it had sent to the Institute of Electrical and Electronics Engineers (IEEE)....more

When a State University is a Reluctant Plaintiff, Can Its Licensee Sue Anyway?

Companies seeking to license patents from state universities face a special risk--sovereign immunity. The 11th Amendment to the US Constitution deprives federal courts of jurisdiction to hear complaints brought by a citizen...more

No License, No Chips: Qualcomm’s Controversial Licensing Strategy Is Not an Antitrust Violation

Qualcomm has for years dominated the market for cellphone chips. Its patented technologies have been included in many cellphone standards on the condition, common among standards setting organizations (SSOs), that Qualcomm...more

Fresh is Best and Stale Will Fail: The PTAB Explains Its Logic in Refusing to Institute an IPR

The Patent Act allows anyone to try to initiate an inter partes review (IPR), which is a proceeding before the Patent Trial and Appeal Board (PTAB) challenging one or more claims of a patent. Any such challenge may be based...more

Does the Defense Production Act Provide a Safe Harbor Against Infringement Claims?

The federal government’s ability to compel manufacture of supplies under the Defense Production Act has lately been in the news. Indeed, President Trump has issued an Executive Order authorizing the Secretary of Health and...more

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