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II-31- The Changing 9 to 5 From 1980 to Today
As Chinese enterprises’ technological innovation level and their R&D capabilities has grown by leaps and bounds in recent years, it is not uncommon for them to defend based on prior use right in patent infringement disputes....more
Forward - In order to strengthen the protection of patent rights and try to solve the problems of "long cycle, difficult evidence production and low compensation", the cases of applying the obstruction of evidence...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
[co-author: Jay Bober, Summer Associate] The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for...more
IPR Petitioner’s Initial Identification of the Real Parties in Interest Is to Be Accepted Unless and Until Disputed by a Patent Owner - In Worlds Inc. v. Bungie, Inc., Appeal Nos. 2017-1481, -1546, -1583, the Federal...more
A judge has ordered that an alleged infringer’s product must be presumed to have been made using a patented process, thereby shifting the burden of proof on the issue of infringement from the patent holder to the alleged...more
Janssen seeks leave to appeal to SCC regarding FCA decision upholding Minister of Health’s decisions relating to administrative drug submissions - As reported previously, on October 12, 2016, the Federal Court of Appeal...more
The Supreme Court, in a unanimous decision issued on January 22, 2014, held that the burden of proof in patent infringement actions falls upon the patentee, regardless of whether the patentee is the moving party in the...more
A unanimous Supreme Court of the United States, in a decision authored by Justice Breyer, reversed the U.S. Court of Appeals for the Federal Circuit, holding that the patentee bears the burden of persuasion on the issue of...more
In its first intellectual property ruling of the current term, the Supreme Court unanimously held on January 22, 2014 in Medtronic, Inc. v. Mirowski Family Ventures LLC that a patentee always bears the burden of proving...more
A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more
The Supreme Court's decision last week in Medtronic v. Mirowski Family Ventures, LLC clarifies once again that patent holders bear the burden of proving patent infringement—even in declaratory judgment actions brought by...more