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Jones Day

The Federal Circuit Expands Scope of Domestic Industry Requirement in Lashify

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In Lashify v. ITC, the Federal Circuit held that the economic prong of the domestic industry requirement, which is a precondition for obtaining International Trade Commission Section 337 relief, can be satisfied with...more

Wolf, Greenfield & Sacks, P.C.

Federal Circuit Removes Limits on “Qualifying” Domestic Industry Activities at the ITC

On March 5, 2025, the Federal Circuit rejected the ITC’s longstanding practice of excluding certain types of activities from qualifying as “domestic industry” activities under Section 337(a)(3)(B), finding the ITC’s approach...more

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

IP Hot Topic: European Commission Suddenly Withdraws Proposed SEP Regulation

On February 11, 2025, the European Commission withdrew its longstanding, and much debated, proposal for standard essential patent (SEP) regulation. The withdrawal was met with mixed reactions, with SEP holders largely...more

Amundsen Davis LLC

Protect Your Company’s Inventions With an Innovation Capture Program

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If you are concerned your company’s innovations are not being identified and evaluated for possible patent protection, resolve to implement or improve an invention capture process early in 2025. By efficiently identifying...more

Fish & Richardson

Protecting Innovation in an AI-Powered Age: Patents

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With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more

Jones Day

Unified Patent Court: First Ruling on Equivalent Infringement

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The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the...more

McGuireWoods LLP

USPTO Director Provides Guidance on PTAB’s § 315 Time Bar Analyses

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On Nov. 21, 2024, U.S. Patent and Trademark Office Director Kathi Vidal issued a Patent Trial and Appeal Board (PTAB) Director Review decision addressing 35 U.S.C. § 315(a)(1) and § 315(b), the statutes that preclude...more

Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

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Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Pillsbury Winthrop Shaw Pittman LLP

Is the Federal Circuit Breathing Life Back Into False Patent Marking Claims?

The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more

Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

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As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

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The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

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

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

Quarles & Brady LLP

The Moving Target of Partial Design Protection Under Chinese Law

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As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more

Jones Day

En Banc Federal Circuit Questions Standard for Design Patent Obviousness

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Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked...more

Williams Mullen

[Webinar] 2024 North Carolina CLE Institute - February 9th, 9:00 am - 2:00 pm ET

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Join us for the 2024 North Carolina CLE Institute, Hosted by Williams Mullen, a virtual legal education program designed to provide timely legal guidance and help you to secure your CLE credits....more

Knobbe Martens

Federal Circuit Says Extrinsic Evidence Should Have Been Considered in Claim Construction

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In a recent precedential opinion, the Court of Appeals for the Federal Circuit vacated an infringement judgement against Mylan (Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 2022-1889, Fed. Cir. Nov. 6,...more

Morgan Lewis

Federal Circuit Lowers Bar for Proving Design Patent Infringement

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In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an...more

Quarles & Brady LLP

Design Patents are Heating Up at the Federal Circuit, Again

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Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear...more

A&O Shearman

What does the UPC mean for patent litigation?

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When, finally, the UPC goes live on 1 June 2023, it will be a game changer for European patent litigation. The UPC will improve efficiencies for organisations who usually litigate in multiple European jurisdictions. With one...more

Haug Partners LLP

A U.S. View on the UPC – Part 1: The Basic Case Structure of an Infringement Action

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On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more

Dickinson Wright

Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard...

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The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases....more

Quarles & Brady LLP

Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages

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As highlighted by a recent decision of the United States District Court for the Southern District of New York, a party’s failure to properly mark its products with its issued U.S. patent number(s) will very likely result in a...more

Morgan Lewis

New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

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The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the...more

Goodwin

The Unified Patent Court is (Finally) Coming to Europe and Bringing Some Pretty Fundamental Changes with It

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Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more

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

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

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