Brinks Gilson & Lione

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NBC Tower, 455 N. Cityfront Plaza Drive
Suite 3600
Chicago, IL 60611, United States
Phone: 312.321.4200
Fax: 312.321.4299
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • D.C.
  • Florida
  • Illinois
  • Indiana
  • Michigan
  • North Carolina
  • Utah
Number of Attorneys
100+ Attorneys

Federal Circuit Ruling Makes It Possible To Move For A Change In Venue Even In Patent Infringement Cases In Which The Deadline For Such Motions Previously Had Passed

On November 15, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision that could provide opportunities for defendants in pending patent litigation to file motions to change venue even in cases in which…more
 /  Civil Procedure, Intellectual Property

Distinguishing Capability from Action

In Mastermine Software, Inc. v. Microsoft Corp., Appeal 16-2465, 2017 U.S. App. LEXIS 21479 (Fed. Cir. Oct. 30, 2017) the Federal Circuit reversed the District Court’s finding of indefiniteness. The District Court found that…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Post-Aqua: The Federal Circuit Vacated Denial Of Patent Owner's Motion To Amend

In Silver Peak Systems, Inc. v. Matal, No. 2015-2017 (Fed. Cir. Oct. 24, 2017), the Federal Circuit vacated the judgment of the Patent Trial and Appeal Board (PTAB) and remanded the case for further proceedings consistent with…more
 /  Administrative Law, Intellectual Property

Critical DMCA Safe Harbor Deadline Fast Approaching - New Rule Requires Service Providers To Electronically Register And Re-Designate DMCA Agents Prior to the December 31, 2017 Deadline

Recent changes to the U.S. Copyright Office’s rules relating to the safe harbor provisions of §512 of the Digital Millennium Copyright Act (“DMCA”) will soon require internet service providers to take proactive steps in order to…more
 /  Communications & Media Law, Intellectual Property

Federal Circuit Says "Teaching Away" Must Cover the Entire Claim Scope

In reversing the Patent Trial and Appeal Board (PTAB), the Federal Circuit recently held that certain claims of a patent granted to Fast Felt Corp. covering methods for applying nail tabs on roofing and building material were…more
 /  Civil Procedure, Intellectual Property

The Patent Trial And Appeal Board Extended One Year Pendency Of An Inter Parte Review For Considering The Impact Of Aqua Products, Inc. V. Matal

The Patent Trial and Appeal Board (PTAB) issued a first decision extending one year pendency of an inter partes review for good cause. Minerva Surgical, Inc. v. Hologic, Inc., IPR2016-00868, Paper No. 57 (P.T.A.B. October 5,…more
 /  Administrative Law, Intellectual Property

[Webinar] Selected Issues Impacting Biopharma and Medical Device Patent Post-Grant Review Proceedings - November 9th, 12:00pm CT

Join members of Brinks Gilson & Lione's Post-Grant Patent and Medical Device practice groups as they present the webinar, "Selected Issues Impacting Biopharma and Medical Device Patent Post-Grant Review Proceedings." Some of the…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Aqua Products, Inc. v. Matal: En Banc Decision on Motions to Amend Claims in AIA Post-Grant Proceedings Issues

Those who were hoping for a clear standard to emerge as a result of the Federal Circuit’s grant of en banc review on the issue of burdens of proof for motions to amend in post-grant proceedings under the American Invents Act…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Federal Circuit Upholds District Court Vacatur of Jury Verdict Under Doctrine of Equivalents Based Upon Ensnarement Defense

In affirming a District Court vacatur of a jury verdict of infringement under the doctrine of equivalents, the Federal Circuit held that patent owner Dr. Jang failed to prove that his equivalents theory did not ensnare the prior…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Case Law Suggests Use Of Expert Opinion For Determining IPR Estoppel Of Grounds That Petitioner "Reasonably Could Have Raised"

Under 35 U.S.C. § 315(e), a final written decision in an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”) results in estoppel of certain actions by the petitioner. Specifically, under 35 U.S.C. §…more
 /  Administrative Law, Civil Procedure, Intellectual Property

It Pays to be Persistent if PTAB Rulings Violate Due Process Ultratec v. CaptionCall and Matal (Fed. Cir. 2017)

In Ultratec, the Federal Circuit cited several problems with the Board’s permissive rules of trial proceedings and held the Board abused its discretion in its consideration of supplementary evidence. The Board’s regulations…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

USTR Publishes Initiation of Section 301 Investigation into China's Practices Related to Technology Transfer, Intellectual Property and Innovation

On Thursday, August 24, the United States Trade Representative published formal initiation of the awaited Section 301 investigation under the Trade Act of 1974 to determine whether acts, policies and practices of the Government…more
 /  Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Federal Circuit Concurring Opinion Asks Whether the Exception To One-Year Time Bar For Filing Inter Partes Review Petitions Via Joinder Under 35 U.S.C. 315(b) Apply Only When No New Patentability Issue Is Introduced Via Joinder

In Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., No. 2016-2321 (Fed. Cir. Aug. 22, 2017), a concurring opinion by Judges Dyk and Wallach questioned whether petitioners may use joinder to circumvent time bar limitations,…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Federal Circuit Finds Visual Memory's Patent Claims Directed to an Improved Computer

On appeal of the district court’s dismissal of Visual Memory, LLC’s patent infringement complaint against NVIDIA Corporation, the Federal Circuit concluded that the patent claims are directed to an improved computer memory…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Green Tech IP after Withdrawal from the Paris Climate Agreement

The Paris Climate Agreement sets forth goals for the reduction of greenhouse gases with the magnitude and timeline for such reduction being self-imposed by each signatory country.1 The withdrawal of the United States from the…more
 /  Energy & Utilities, Environmental Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology
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