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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Canada moves closer to joining the Hague Agreement with the release of proposed new Industrial Design Regulations

by Smart & Biggar on

On December 9, 2017 Canada’s Governor-in-Council took the formal step of publishing proposed new Industrial Design Regulations (the proposed Regulations) in the Canadian Gazette. A 30-day consultation period has been set,...more

Antibody Patents Are Not Immune to § 112: Amgen Inc. v. Sanofi, Aventisub LLC

by K&L Gates LLP on

In Amgen v. Sanofi, the Federal Circuit held that evidence that first came into existence after the priority date may be considered in determining whether a genus patent claim satisfies the written description requirement...more

PTAB Publishes Guidance on Motions to Amend in view of Aqua Products: Shifts Burden to…Itself

The Patent Trial and Appeal Board has issued its Guidance on Motions to Amend in view of the Federal Circuit’s long-awaited Aqua Products decision. In that splintered ruling, the Federal Circuit addressed the burden of proof...more

The Federal Circuit Criticizes A PTAB Partial Institution

by Jones Day on

The PTAB’s practice of partially instituting IPRs has been in the news lately, with Jones Day recently arguing against that practice at the Supreme Court on behalf of the SAS Institute (“SAS”). On December 5, 2017, the week...more

100-Day Pilot Program Proceedings Remain Rare

by Jones Day on

In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

Obviousness v. Anticipation: That Which Doesn’t Disclose Still Could Teach

By Bryan K. Wheelock, Principal In CRFD Research, Inc., v. Matal, [2016-2198] (December 5, 2017), the Federal Circuit affirmed two Final Written Decisions invaliding claims of U.S. Patent No. 7,191,233 on user-directed...more

Copyright Liability Safe Harbor Treatment Requires Action by December 31, 2017 for Many

by Nutter McClennen & Fish LLP on

Website or information “service providers” who in the past have made hard-copy filings to designate agents to take advantage of the “safe harbor” liability shield provision under the Digital Millennium Copyright Act (DMCA)...more

Oral Arguments Summary: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

by Fish & Richardson on

The Supreme Court heard oral arguments on November 27, 2017, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, where the petitioner challenged the constitutionality of inter partes review (IPR) proceedings....more

Minnesota Patent Litigation Wrap-Up – November 2017

by Fish & Richardson on

This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of substantive orders issued in pending cases. In November 2017, there were five notable decisions for...more

Judge Koeltl Agrees that “Access” to Confidential Information is Enough to Trigger a Prosecution Bar

On November 20, 2017, District Judge John G. Koeltl (S.D.N.Y.) approved a prosecution bar for “any individual who gains access” to confidential material. In addition, Judge Koeltl determined that post-issuance proceedings,...more

SAS v. Matal – Overview of Oral Argument

On Monday, November 27, 2017, the Supreme Court heard oral arguments in SAS Institute v. Matal. Issue presented - Whether 35 U.S.C. § 318(a) requires that the Patent Trial and Appeal Board (PTAB or Board) issue a final...more

Commission to Weigh in on IPR Estoppel

by Jones Day on

The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and...more

Inherent Obviousness: Available IPR Rationale With a High Standard

by Jones Day on

On November 28, 2017, the PTAB issued a final written decision upholding the patentability of U.S. Patent No. 6,667,061 (IPR2016-01096). The ’061 patent is owned by Alkermes Pharma Ireland, Ltd. and Alkermes Controlled...more

Chief Judge Stark Dismisses Without Prejudice U.S. Patent No. 6,229,366 From Pending Patent Infringement Action Following...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. et al., Civil Action No. 04-1371-LPS (D.Del., December 8, 2017), the Court dismissed without...more

Supreme Court Hears Oral Arguments in Oil States Regarding Constitutional Challenge to Inter Partes Review

We first covered the Supreme Court’s grant of certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 137 S. Ct. 2239 (2017), a case with the potential to substantially alter the patent litigation landscape,...more

Contingent Patent Ownership Is Not Sufficient For Federal Court Jurisdiction

by Weintraub Tobin on

There is no federal court jurisdiction for disputes involving patents where the claimant does not actually own the patents. The possibility that one might own a patent, if a contingent future event occurs, is not enough. This...more

EDTX & NDTX Monthly Wrap-Up – November 2017

by Fish & Richardson on

This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of November 2017. This post will focus on how the Eastern District of Texas continues...more

PTAB Issues Guidelines For Motions To Amend

by Pepper Hamilton LLP on

An en banc panel of the Court of Appeals for the Federal Circuit (CAFC) in the case of Aqua Products, Inc. v. Matal recently held that in an inter-partes (IPR) proceeding, the burden of persuasion rests with the challenger to...more

Federal Circuit PTAB Appeal Statistics – November 2017

by Finnegan – AIA Blog on

Through November 15, 2017, the Federal Circuit decided 275 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 205 (74.55%) cases, and reversed or vacated the PTAB on every issue in 31...more

SCOTUS Hears Oral Argument on PTAB's Practice of Instituting Review and Issuing Final Decisions on Fewer Than All Challenged...

by White & Case LLP on

On Monday, November 27, 2017, the Supreme Court of the United States heard oral argument in SAS Institute Inc. v. Matal et al. regarding whether the Patent Trial and Appeal Board (PTAB) must issue a final written decision as...more

Federal Circuit Review - November 2017

by Knobbe Martens on

Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend - In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting en banc, held that a patent...more

Why Do Patents Often Include Method Claims And Apparatus Claims?

by Fox Rothschild LLP on

When I send a draft patent application to an inventor who is new to the patent process, the inventor often asks why the claims seem to repeat themselves. A patent application often has one group of claims directed to a...more

When Is It Too Late to Amend an ITC Complaint?

by Jones Day on

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

New USPTO Mega-Sequence Listing Fees

by Brinks Gilson & Lione on

On November 14, 2017, the United States Patent and Trademark Office (USPTO) published a rule on “Setting and Adjusting Patent Fees During Fiscal Year 2017.” (82 FR 52780) This rule includes fee adjustments that take effect on...more

International Trademarks: Japan has Embraced Color

by Revision Legal on

Trademarking colors has been a complex and confusing legal history question. Color has always been allowed as part of the mark design, but for many years trademarking was denied for stand-alone colors and schemes. Even now...more

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