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Intellectual Property Updates

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

Global Patenting Trends: Rise of China

by Arent Fox on

China’s rise as an economic superpower has been driven by the rapid pace of technological innovation, as evidenced by the recent surge in Chinese patent filings, patent grants, and patent enforcement actions. In large part,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Honeywell International Inc. v. Arkema Inc., 939 F.3d 1345...

Honeywell owns U.S. Patent 9,157,017, which claims automotive air-conditioning systems. The application to the ’017 patent had originally described and recited claims for flouroalkane compounds for use in refrigeration...more

International Lawyers Network

Reviving a brand? A reminder to ensure it is put to genuine use

The case of Aiwa Co. Ltd v Aiwa Corporation is a useful reminder to brand owners, particularly those who are looking to revive a brand, of what amounts to “genuine use” of a registered trade mark. The case particularly...more

McDermott Will & Emery

Presence of Servers Alone Does Not Establish Venue

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit has now held that a “place of business” for purposes of the patent venue statute requires an employee or agent of the defendant to be conducting business at that place. In light...more

American Conference Institute (ACI)

[Event] Paragraph IV Disputes - April 27th - 28th, New York, NY

Meet and Network with The Key Influencers Shaping the Law, Policy and Proceedings of Paragraph IV Litigation - Each spring, leading pharmaceutical patent litigators for brand name and generic drug companies gather at the...more

Alston & Bird

Patent Case Summaries - February 2020 #2

by Alston & Bird on

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

Kelley Drye & Warren LLP

U.S. increases tariffs on European aircraft: EU response a litmus test for transatlantic trade relations

by Kelley Drye & Warren LLP on

Last Friday the United States Trade Representative (USTR) ramped up its tariffs on European aircraft, increasing the duty from 10% to 15%, effective March 18. It also announced it would make minor modifications to 25%...more

Jones Day

CAFC Holds PTAB May Not Cancel Claims For Indefiniteness In An IPR

by Jones Day on

The Federal Circuit’s recent decision in Samsung Electronics America, Inc. v. Prisua Engineering Corp., — F.3d —, 2020 WL 543427, at *4 (Fed. Cir. Feb. 4. 2020), could not be more clear: “[W]e hold that the Board may not...more

Hogan Lovells

Doing Business in the UK: Consumer Sector 2020

by Hogan Lovells on

The UK’s consumer sector has shown resilience against the backdrop of challenging political and economic conditions. Consumers in the UK remain willing to spend; however, the way in which they do so is changing, with...more

McDonnell Boehnen Hulbert & Berghoff LLP

FDA Continues to Approve Biosimilars

The prevailing attitude in many quarters is that the Biologics Price Competition and Innovation Act (BPCIA) has not facilitated approval of drugs biosimilar to reference biologic drug products with sufficient alacrity and has...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

by Holland & Knight LLP on

Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Sheppard Mullin Richter & Hampton LLP

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 2

This article is the second in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Kisor v. Wilkie, 588 U.S. __, 139 S. Ct. 2400 (2019)

James Kisor, a Korean War Veteran, asked the Supreme Court to overrule a longstanding presumption that courts defer to an executive agency’s reasonable interpretation of its own regulation, a principle known as Auer...more

Kramer Levin Naftalis & Frankel LLP

CAR T-Cell Therapy Takes Off and Brings on Patent Litigation

CAR T-Cell therapy, a new biologic therapy, is taking off. As companies continue to develop this new and promising therapy, patent litigation inevitably follows.  ...more

Dorsey & Whitney LLP

From Pocket to Wrist: It’s Time to Watch Hamilton and Vortic

by Dorsey & Whitney LLP on

I used to love pocket watches. My Wyatt Earp Halloween costume was not complete until I had a gold pocket watch hanging from my black vest. It’s no surprise then that reading the court’s decision on a motion for summary...more

Foley & Lardner LLP

PTAB Cannot Invalidate Challenged Claims for Indefiniteness in an IPR

by Foley & Lardner LLP on

The Federal Circuit definitively rejected arguments to cancel challenged claims for reasons other than anticipation or obviousness in an inter partes review proceeding. In Samsung Electronics America, Inc., v. Prisua...more

Hogan Lovells

Global Trade Secrets Guide 2020

by Hogan Lovells on

Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more

Ryley Carlock & Applewhite

Healthy Habits for You and Your Company: File Your Annual Reports, Replace Your Air Filters, and Renew Your DMCA Agent...

by Ryley Carlock & Applewhite on

Businesses and people alike each have recurring routine tasks they need to perform to stay in good shape. Every year we prepare corporate filings, undergo our necessary medical examinations, and file our taxes.1 And starting...more

White & Case LLP

Court of Justice ruling in Paroxetine

by White & Case LLP on

The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more

McDonnell Boehnen Hulbert & Berghoff LLP

A Step-by-Step Approach to Patent Subject Matter Eligibility Reform

There is a belief in some quarters that the most significant barrier to patent subject matter eligibility reform is an implacable opposition by companies in the high tech sector because those companies are convinced that the...more

American Conference Institute (ACI)

[Event] Women Leaders in IP Law Summit - May 5th-6th, Washington, DC

Increasing the Prominence of Women IP Lawyers Through Professional Development, Substantive Legal Discussion, and Woman-to-Woman Networking - The role of women in the IP arena is evolving with many leading the charge for...more

Morrison & Foerster LLP

New USPTO Rule Likely To Increase Spam

by Morrison & Foerster LLP on

The United States Patent and Trademark Office (USPTO) just issued new rules that directly affect trademark owners. Going forward, trademark applicants, registrants, and parties to a proceeding before the Trademark Trial and...more

Akin Gump Strauss Hauer & Feld LLP

Bases, and Esters, and Salts, Oh My! Limits on PTE Benefits Provide a Drug Applicant with a Winning Non-Infringement Position

Chief Judge Stark granted a defendant’s Rule 12(c) motion for judgment on the pleadings based on non-infringement, holding that plaintiff’s patent term extension (PTE) did not extend to the accused product because the PTE was...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: AVX Corp. v. Presidio Components, Inc., 923 F.3d 1357...

AVX Corporation, a company that manufactures and sells a variety of electronic components including capacitors, petitioned for inter partes review (IPR) of Presidio Components, Inc.’s patent directed to single-layer ceramic...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February #3

PATENT CASE OF THE WEEK - In re: Google LLC, Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020) - In this week’s Case of the Week, the Federal Circuit granted mandamus to dismiss or transfer a patent infringement suit for...more

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