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Provisional Applications Intellectual Property Protection Patent Litigation

Jones Day

Provisionals’ Disclosures Must Fully Support an Issued Claim for Pre-AIA Priority

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The PTAB recently provided a pre-AIA priority analysis for reference patents in Roku, Inc. v. Anonymous Media Research Holdings, LLC, No. IPR2024-01057, Paper 10 (P.T.A.B. Feb. 10, 2025). This decision highlights the...more

Jones Day

Provisional Describes “Incompressible Solid” Despite Disclosure Of “Little” Compression

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In a recent decision denying institution, the PTAB rejected Petitioner Mercedes Benz USA’s argument that the challenged patent was not entitled to the filing date of its provisional application. Mercedes-Benz USA, LLC v....more

Robins Kaplan LLP

Pharmacyclics LLC v. Alvogen, Inc.

Robins Kaplan LLP on

Case Name: Pharmacyclics LLC v. Alvogen, Inc., No. 2021-2270, 2022 WL 16943006 (Fed. Cir. Nov. 15, 2022) (Circuit Judges Chen, Bryson, and Hughes presiding; Opinion by Bryson, J.) (Appeal from D. Del., Connolly, J.)...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Delays Transition to DOCX (Again)

On December 29, 2022, to the relief of many practitioners and applicants, the U.S. Patent and Trademark Office delayed the effective date of its controversial incentivized transition to DOCX format for patent application...more

Orrick, Herrington & Sutcliffe LLP

What You Should Know About Patent Prosecution: The Strategy Behind Building a Patent Estate

Building a successful life sciences patent estate can seem like a daunting task, but a foundation of strategic decisions early on can be a big help long term. It is important to not only cover the patentable aspects of...more

Akin Gump Strauss Hauer & Feld LLP

Unified Patent Court to Officially Open in Europe

A Unified Patent Court (UPC) is expected to officially open its doors in Europe in late 2022 or early 2023. The UPC is a patent‑specific court established by 24 participating European Union (EU) member states, with the goal...more

Orrick, Herrington & Sutcliffe LLP

The Unitary Patent and the Unified Patent Court Are Expected to Go Live in Less than a Year

The Unitary Patents system – providing for the new Unitary Patent and Unified Patent Court (UPC) – will have a profound impact on patent protection, patent enforcement and patent revocation proceedings in Europe. The Unitary...more

Spilman Thomas & Battle, PLLC

IP 101: Patentable Subject Matter

Under the patent statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the...more

BakerHostetler

How to Protect and Clear Your Medical Device During Development

BakerHostetler on

Partner Hussein Akhavannik breaks down specific patent protection and clearance strategies for each stage of medical device development, from concept and design to the manufacturing and sale....more

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