Patent Litigation, Intellectual Property Litigation, Statute of Limitations

Trade Secret Rights May be Lost Because of A Failure to Review a Competitor’s Prior Art Patent Applications

Sunstein LLP on 3/28/2025

A recent decision from a California federal district court should make patent prosecutors and their clients more alert when looking at recent prior art references: they may refer to patent applications filed by competitors...more

Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes

McDermott Will & Emery on 3/28/2024

Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for...more

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

McNees Wallace & Nurick LLC on 3/29/2017

Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring...more

Supreme Court to Consider Patent Laches in Wake of Copyright Laches Decision

BakerHostetler on 5/18/2016

When we last discussed patent laches here, the Federal Circuit had voted to rehear, en banc, SCA Hygiene Products’ patent infringement claim, which invoked a laches defense. At that time, the Supreme Court had recently...more

PTO Revival Rulings Are Not Subject to Collateral Attacks by Third Parties - Exela Pharma Sciences, LLC v. Lee

McDermott Will & Emery on 5/6/2015

Addressing whether third parties have the right to challenge a patent revival ruling by the U.S. Patent and Trademark Office (PTO) under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Federal...more

Defense of Laches in Patent Cases to Be Reviewed En Banc - SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products,...

McDermott Will & Emery on 2/16/2015

The U.S. Court of Appeals for the Federal Circuit has order for en banc review of the defense of laches in patent cases in order to evaluate the impact of the Supreme Court’s laches decision in the copyright case Petrella v....more

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

McDermott Will & Emery on 2/13/2015

Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

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