Harness, Dickey & Pierce, PLC

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5445 Corporate Dr
Suite 200
Troy, MI 48098, United States
Phone: (248) 641-1600
Fax: (248) 641-0270
Areas of Practice
  • Appellate Practice
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • Michigan
  • Missouri
  • Texas
  • Virginia
Number of Attorneys
100+ Attorneys

Claim Covered at least the Depicted Enantiomer

In Sumitomo Dainippon Pharma Co., Ltd. v. Emcure Pharmaceuticals Limited, [2017-1798, 2017-1799, 2017-1800] (April 16, 2018) the Federal Circuit affirmed determination of infringement of the claim which depicted the enantiomer…more
 /  Intellectual Property

Collateral Estoppel Applies in IPRs Where the Issues are the Same

In Nestle USA, Inc. v. Steuben Foods, Inc., [2017-1193] (March 13, 2018), the Federal Circuit vacated the Board’s construction of “aseptic” in U.S. Patent No. 6,481,468 because of collateral estoppel considerations, and remanded…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Stare Decisis: Previous Claim Constriction Prevented Finding of Infringement

In Ottah v. Fiat Chrysler, [2017-1842] (March 7, 2018), the Federal Circuit affirmed the district court’s grant of summary judgment of non-infringement of U.S. Patent No. 7,152,840 on a book holder…more
 /  Civil Procedure, Intellectual Property

District Court Orders Petitioner to Seek Termination of IPR based on Forum Selection Clause

A recent case from California reminds patent owners that forum selection clauses can be an important anecdote for PTAB proceedings. In Dodocase VR, Inc. v. MechSource, LLC, 3:17-cv-07088-EDL (N.D. Ca.), the district court…more
 /  Administrative Law, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

When in Doubt, Always Check the Box

Unless otherwise directed, applications filed with the World International Patent Office will commence national stage processing after 30 months. The applicant has the option to commence national phase earlier by supplying the…more
 /  Administrative Law, Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

“Ordinary Creativity” is no Different Than “Common Sense” and Requires Explanation

In DSS Technology Management, Inc. v. Apple Inc., [2016-2523, 2016-2524] (March 23, 2018), the Federal Circuit reversed the decision of the PTAB, finding claims 1–4 and 9–10 of U.S. Patent No. 6,128,290 obvious, because the…more
 /  Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Presenting IPR Arguments Too Late is, Well, Too Late

In Dell Inc. v. Acceleron, LLC, [2017-1101] (March 19, 2018), the Federal Circuit affirmed the Board’s decision on remand not to consider Dell’s late-presented arguments, rather than giving Acceleron the opportunity to address…more
 /  Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

“BRI.” You Keep Using That Word. We Do Not Think it Means What You Think it Means.

In In re: Power Integrations, Inc., [2017-1304] (March 19, 2018), the Federal Circuit reversed the decision on remand that claims 1, 17, 18, and 19 of U.S. Patent No. 6,249,876 were anticipated, because the Board relied upon an…more
 /  Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Written Description is Met by What the Disclosure Reasonably Conveys to Those Skilled in the Art

In Hologic, Inc. v. Smith & Nephew, Inc., [2017-1389] (March 14, 2018), the Federal Circuit affirmed the Board’s determination that S&N’s earlier-filed PCT application has sufficient written description to make it a priority…more
 /  Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

When is a Species as Good as a Genus?

It is a long-standing rule that if you want to claim the benefit of an earlier filing date, the earlier filed application must provide a written description of the later claim. This can get sticky where the earlier filing…more
 /  Administrative Law, Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

PTAB Opines Tribal Sovereign Immunity Does Not Apply to IPRs

Last week, in a case of first impression, the PTAB held that the doctrine of tribal sovereign immunity does not apply to IPRs. Mylan Pharm. Inc., et al. v. Saint Regis Mohawk Tribe, Case IPR2016-01127 (and related cases). …more
 /  Administrative Law, Civil Procedure, Indigenous Peoples, Intellectual Property, Science, Computers, & Technology

Maximizing Patent Term Adjustment: Check the “Express Request” Box if Entering the National Stage Before the 30-Month Date

In Actelion Pharm., Ltd. v. Matal (Fed. Cir. Feb. 6, 2018), the Federal Circuit affirmed the District Court’s holding that the PTO properly determined the patent term adjustment (PTA) for U.S. Patent No. 8,658,675 (“the ‘675…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Happy 209th Birthday, President Lincoln

February 12 was Abraham Lincoln’s birthday, which, not that long ago, warranted its own holiday. Abraham Lincoln is the only president to earn a patent..…more
 /  Elections & Politics, Intellectual Property

Board’s Obvious Analysis Improperly Relied Upon Hindsight

In Polaris Industries, Inc. v. Arctic Cat, Inc., [2016-1807, 2016-2280] (February 9, 2018), the Federal Circuit affirmed in part, vacated in part, and remanded the PTAB’s determination in an IPR that claims of U.S. Patent No…more
 /  Administrative Law, Civil Procedure, Intellectual Property

ANDA Your Patent is Not Infringed

In Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC, [2017-1560] (February 9, 2018), the Federal Circuit affirmed the district court finding that it did not abuse its discretion in denying Merck’s request for additional…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology
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