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Ex Parte Patents

Knobbe Martens

Federal Circuit Review | July 2024

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In Natera, Inc v. Neogenomics Laboratories, Inc., Appeal No. 24-1324 the Federal Circuit held that  preliminary injunction may be valid if a substantial question of invalidity was not raised, even if the asserted patent is...more

McDermott Will & Emery

For Statutory Equivalents, Even One Means May Be Enough

A US Patent & Trademark Office (PTO) appeals review panel decided that a means-plus-function (M+F) claim element supported by the disclosure of only a single species is not invalid for indefiniteness or lack of written...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | January 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

A&O Shearman

UPC Insights: Security for legal costs

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The UPC decides that the defendant’s financial situation and location matter. On 30 October 2023, the Munich Central Division of the UPC (the Court) issued an order stating that NanoString must provide security to Harvard...more

Knobbe Martens

Federal Circuit Review - August 2023

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IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response - In Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532, the Federal Circuit held that where a patent owner in...more

Knobbe Martens

A Terminal Disclaimer Is Not an Escape Hatch

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IN RE CELLECT, LLC - Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the...more

McDermott Will & Emery

A Win for Patentees: UPC Issues First Reasoned Decisions

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The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one...more

Morgan Lewis

USPTO Revises Interim Director Review Process, Gives Guidance on Ex Parte Appeals, and Forms New Review Panels

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The US Patent and Trademark Office (USPTO) recently issued an update to its procedures for interim Director Review (DR) of decisions by the Patent Trial and Appeal Board (PTAB), evidencing USPTO Director Kathi Vidal’s efforts...more

Weintraub Tobin

District Court Finds Ten-Month Delay in Filing Wants Denial of TRO

Weintraub Tobin on

In Shenzhen Chengront Technology Co., Ltd v. Besign Direct et al, 1-22-cv-10281 (SDNY Dec. 9, 2022) (Jennifer L. Rochon), Judge Rochon of the Southern District of New York denied a Plaintiff’s request for a temporary...more

Sheppard Mullin Richter & Hampton LLP

Key Rules and Cases for Patent Practitioners Working on AI Patent Applications

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners...more

Jones Day

Spoonful of Commercial Success Overcomes Obviousness Rejection

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The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica Lineberry. The PTAB found...more

Foley & Lardner LLP

New USPTO COVID-19 Initiatives

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As much of the United States is taking steps towards “getting back to normal,” the USPTO continues to implement programs to encourage investment and innovation in technologies addressing the COVID-19 pandemic. Recently, the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

USPTO Fast-Tracks Appeals For FDA Approved COVID-19 Patents

On April 15, 2021, the United States Patent and Trademark Office (“USPTO”) implemented the COVID-19 Prioritized Examination Pilot Program (“Pilot Program”) to fast-track ex parte appeals of products or processes subject to an...more

Mintz - Intellectual Property Viewpoints

Expediting PTAB Appeals Using the Fast-Track Program

The U.S. Patent and Trademark Office (USPTO) recently released statistics about its Fast-Track Appeals Pilot Program. The program went into effect on July 2, 2020 and is currently slated to run until the earlier of July 2,...more

McDermott Will & Emery

IP Implications of the Consolidated Appropriations Act, 2021

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On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Initiates Fast-Track Appeals Pilot Program

In a notice published in the Federal Register last month (85 Fed. Reg. 39888), the U.S. Patent and Trademark Office announced that it was initiating a Fast-Track Appeals Pilot Program, to provide for the advancement of...more

Fox Rothschild LLP

USPTO Launches Pilot Program For Fast-Track Appeals In Limited Number Of Ex Parte Cases

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Recognizing that patent appellants sometimes need a quick ruling in ex parte cases, the Patent Trial and Appeal Board is now expediting up to 500 appeals per year in its newly created Fast-Track Appeals Pilot Program. ...more

Downs Rachlin Martin PLLC

New Fast-Track Appeals Pilot Program for Patent Applications

Starting July 2, 2020, the United States Patent and Trademark Office is offering a Fast-Track Appeals Pilot Program that appears to be a very cost effective way to expedite an appeal of a final rejection of a US patent...more

Foley & Lardner LLP

USPTO Offers New Fast Track Appeals Pilot Program

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The USPTO has initiated a new pilot program for expediting ex parte appeals from examiner rejections. Under the Fast-Track Appeals Pilot Program, applicants can pay $400 for expedited review in which case the USPTO will...more

Pillsbury Winthrop Shaw Pittman LLP

USPTO Initiates Fast-Track Appeals Pilot Program

The program should expedite the appeal process for those taking advantage of the program by about eight months. USPTO launches a fast-track review process aimed at expediting ex parte appeals....more

Lathrop GPM

USPTO Announces Fast-Track Appeals Pilot Program

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On July 1, 2020, the United States Patent and Trademark Office (USPTO) announced a new program to expedite ex parte appeals before the Patent Trial and Appeal Board (PTAB). Under the “Fast-Track Appeals Pilot Program,”...more

Womble Bond Dickinson

USPTO Makes the Patent “Fast-Track” Faster

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The Patent Trial and Appeal Board (PTAB) is now accepting petitions for expedited resolution of ex parte appeals. Launched last week, the “Fast-Track Appeals Pilot Program” aims to decide the average patent appeal within six...more

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

PTAB Strategies and Insights - April 2019: The Federal Circuit's COVID-19 Response Suggests A New Approach To Oral Argument,...

While the Patent Trial and Appeal Board (PTAB) appears to be fully embracing virtual and remote platforms to continue business as usual during the COVID-19 pandemic, the Federal Circuit has had a mixed response. The Court has...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Makes Ex Parte Linden An Informative PTAB Decision

Over five and a half years on from the Supreme Court's Alice vs. CLS Bank ruling, patentees, patent professionals, judges, and USPTO personnel are still wrestling with what it means for an invention to be eligible for...more

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