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United States Patent and Trademark Office Validity

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Verrill

Federal Trademark Registration

Verrill on

Is your trademark registered? Should you register it? Why should you register it? What do you have to do? What does the process look like? Can you do it yourself or do you need to hire an attorney? These are just a few of the...more

McDermott Will & Emery

Broadest Reasonable Interpretation Persists as Standard for Claim Construction in AIA Proceedings - In re Cuozzo Speed Techs., LLC

In a deeply divided opinion addressing the claim construction standard in post-grant America Invents Act (AIA) proceedings, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc, leaving in...more

Morrison & Foerster LLP

Versata: The Federal Circuit Explains the Parameters and Appealability of CBM Proceedings

On July 9, 2015, the Federal Circuit decided its first appeal of a covered business method (“CBM”) patent review. In Versata Development Group Inc. v. SAP America, Inc. et al., Case No. 14-1194 (Fed. Cir. July 9, 2015)...more

Orrick, Herrington & Sutcliffe LLP

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Lathrop GPM

Inter Partes Review: How this year’s hot-topic could revolutionize your business

Lathrop GPM on

Inter partes review (IPR) is this year’s hot-button issue, whether in the news or on Capitol Hill. Which begs the question, what’s the fuss about IPR and what can it do for your business? ...more

McAfee & Taft

New procedures available for invalidating patents before the USPTO

McAfee & Taft on

Business executives have long struggled with whether to defend a patent infringement suit in court, try to settle the dispute for less than the cost/risk of defending it, or seek to deal with the problem patent by requesting...more

Goodwin

Federal Circuit Provides Additional Guidance on Litigation Stays Pending USPTO Post-Grant Proceedings

Goodwin on

The Federal Circuit reversed yet another denial of a motion to stay pending a USPTO post-grant trial, this time involving a case pending in the District of Delaware. In its decision,Versata Software, Inc. v. Callidus...more

Ladas & Parry LLP

Annulment of Damages Awards when a Patent Subsequently Found Invalid or Partially Invalid by a Different Tribunal.

Ladas & Parry LLP on

Recent cases on each side of the Atlantic have highlighted the issues that can occur when consideration of validity is separated from that of infringement and a final determination of infringement is reached by one tribunal...more

Foley & Lardner LLP

Federal Circuit Fractured Over Finality in Fresenius

Foley & Lardner LLP on

When the Federal Circuit denied Baxter’s petition for panel rehearing and rehearing en banc in Fresenius USC, Inc. v. Baxter International, Inc., Judge Dyk wrote an opinion concurring in the denial that was joined by Judge...more

Akerman LLP

Fresenius v. Baxter: The Importance of Timing in Patent Litigation

Akerman LLP on

The Federal Circuit’s recent decision in Fresenius USA, Inc. v. Baxter Int’l, Inc., illustrates the potential value of challenging a patent's validity through administrative proceedings in the U.S. Patent & Trademark Office...more

King & Spalding

Intellectual Property Newsletter - July 2013

King & Spalding on

In This Issue: - Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement - With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof - Grant of a Permanent...more

BakerHostetler

Patent Watch: Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc.

BakerHostetler on

On April 19, 2013, in Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Dyk, Reyna) reversed-in-part, vacated-in-part and remanded the district court's summary...more

Morrison & Foerster LLP

Patent Reform: The Process Is New, But Is It Improved?

In 2011, the sweeping patent reform legislation sought to reduce litigation by creating a new process for challenging patent validity. But the new process will look more like litigation than the old process, says Matthew...more

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