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By Lisa M. Mandrusiak
After determining that its competitor GKN's patent raised a potential risk of infringement for a product under development, JTEKT challenged the patentability of claims 1–7 of U.S. Patent No. 8,215,440 via inter partes review (IPR2016-00046).
By Daniel J. Pereira
In an interesting, but non-precedential, decision from the Court of Appeals for the Federal Circuit (Supernus Pharmaceuticals, Inc. v TWI Pharmaceuticals, Inc et al), the Court affirmed a decision from the U.S. District Court of New Jersey.
By Philippe Signore, Seongyoune Kang
Understanding "At Least One Of A And B"
By Tia D. Fenton
Over the summer, representatives introduced bills and amendments of interest to the pharmaceutical industry. First, Senator Orrin Hatch, co-author of the Hatch-Waxman Act, filed an amendment...
By Philippe Signore, Seongyoune Kang
미국 특허심판원(PTAB)의 자명성 공격이나 미국 특허청(USPTO) 심사관의 거절에 대응하는 일은 까다로울 수 있습니다. KSR v. Teleflex 사건(2007년)에서 대법원은 자명성이라
By Stephen (Steve) G. Baxter
Last week the Federal Circuit denied West-Ward's petition for rehearing en banc.
By Charles L. Gholz, Marc K. Weinstein
In Certain Network Devices, Inv. No. 337-TA-945, Commission Opinion at 12 - 13 (U.S.I.T.C. Aug. 16, 2017), the International Trade Commission wrote that ‘‘The Federal Circuit has explained that a finding of invalidity by a federal district court has immediate preclusive effects upon the continued vitality of Commission remedial orders . . . .
By Brian Darville
The Trademark Trial and Appeal Board affirmed the refusal of LEGION OF GOOD WILL for charitable services in light of several of Goodwill Industries' prior registered GOODWILL Marks.
By Eric Schweibenz
On August 13, 2018, ALJ Thomas B. Pender issued the public version of Order No. 48 in Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II ...
By Brian Darville
The Trademark Trial and Appeal Board affirmed refusal of Applicant Peace Love World Live's application to register I LOVE YOU for bracelets in Class 14 ...
By Matthew E. Barnet
In July, the U.S. Patent & Trademark Office's Patent Trial and Appeal Board designated its ex parte Jung decision as informative (see here and here). In this decision, the Board held that the phrase
By David M. Longo, Andrew Ollis
Advantek obtained U.S. Design Patent No. D715,006 ("D '006") on a "gazebo" without a cover
By Jeffrey B. McIntyre
Last week, the Federal Circuit issued its opinion in Boston University (BU) v. Everlight, in which the court found that the only asserted claim (claim 19) ...
By Richard Kelly
The Supreme Court found Ion Geophysical Corp. (Ion) responsible for profits WesternGeco LLC. lost as a result of Ion's supplying to foreign buyers the parts necessary to assemble the patented...
By Marc K. Weinstein
Last month, the U.S. Patent & Trademark Office's Patent Trial and Appeal Board ("PTAB") newly designated five decisions as informative.