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Patent Litigation Board of Patent Appeals

McDonnell Boehnen Hulbert & Berghoff LLP

Congressional Republicans Propose to Abolish America Invents Act (and a Bit More)

It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock...more

K&L Gates LLP

Federal Circuit Holds Prosecution Laches Defense is Available to PTO in a 35 U.S.C. § 145 Action

K&L Gates LLP on

On Tuesday, 1 June 2021, the Federal Circuit issued a rare decision holding that the Patent and Trademark Office (the PTO) may assert prosecution laches as an affirmative defense in a civil action brought by a patentee to...more

Knobbe Martens

Bulk-Filed Patent Applications Claiming Distant Priority Trigger Prosecution Laches

Knobbe Martens on

HYATT v. HIRSHFELD - Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia. Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent...more

Knobbe Martens

Federal Circuit Relies on Robust Disclosure to Save Priority Date

Knobbe Martens on

On September 20, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the summary judgement that Abbott’s U.S. Patent No. 5,344,915 (“the ’915 Patent”) was sufficiently supported by the written...more

Foley & Lardner LLP

Inherent Disclosure Satisfied Written Description

Foley & Lardner LLP on

In Yeda Research and Development Co., Ltd. v. Abbott GMBH & Co. KG, Slip Op. 2015-1662 (Fed. Cir. 2016), the Federal Circuit held that a claim to an isolated protein described by its partial amino acid sequence satisfies 35...more

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