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By Brian Kacedon, John Paul, Robert MacKichan III, M. David Weingarten
A split decision of the U.S. Court of Appeals for the Federal Circuit determined that decisions by the Patent Office to institute IPR validity challenges may be appealed to the Federal Circuit when such decisions relate to the timing of the petitions.
By Christopher Johns
Since the Supreme Court decided Alice v. CLS Bank in June 2014, the USPTO regularly issues new memoranda explaining its implementation of the § 101 framework.
By Brian Kacedon, John Paul, Sydney Kestle
In determining where patent infringement actions may be brought against ANDA filers, a Texas court declined to follow the ruling in a Delaware court decision.
By Brian Kacedon, John Paul, Nicholas Doyle
A Virginia court declined to exclude evidence that the patents asserted in a patent infringement action had been previously licensed to over 1000 licensees because such evidence was relevant to commercial success and validity, reasonable royalty damages, willful infringement by the accused infringer, and good conduct by the patent owner.
By M. David Weingarten, Kevin Rodkey
The Federal Circuit affirmed the district court's finding that certain claims of U.S. Patent No. 7,447,713—directed to digital processing and archiving in a digital asset management system—were indefinite...
By Susan Tull
Artificial intelligence (AI) is rapidly transforming the world of medicine, and the intellectual property directed to these inventions must keep pace.
By Christine Lehman
The International Trade Commission (ITC) is a critical forum for those seeking to protect their intellectual property rights, particularly patent claims, against unfair imports.
By Christopher McKinley
In Flexuspine, Inc. v. Globus Medical, Inc., the Federal Circuit affirmed a district court's decision denying motions to amend the judgment to include an invalidity determination.
By M. David Weingarten
The Federal Circuit affirmed-in-part and vacated-in-part the Board's IPR decisions finding certain claims of U.S. Patent Nos. 7,237,634 and 8,214,097, related to hybrid vehicle engine technology, obvious...
By C. Collette Corser
In Finjan, Inc. v. Blue Coat Systems, Inc., No. 2016-2520 (Fed. Cir. Jan. 10, 2018), the Federal Circuit reviewed Finjan's assertion of two patents related to methods for protecting against malware.
By Aaron Capron, Nicholas Petrella
The America Invents Act (AIA) ushered in new post grant procedures for challenging the validity of patents.
By Danny Awdeh
With the Winter Olympics here, many businesses are looking for ways to incorporate messaging related to the games into marketing, advertising and social media campaigns.
By Nicholas Doyle, Sydney Kestle
In In re Janssen Biotech, Inc., No. 2017-1257 (Fed. Cir. Jan. 23, 2018), the Federal Circuit declined to allow a patent owner to retroactively qualify for the safe-harbor provision of 35 U.S.C. § 121 ...
By Margaret Esquenet
In its February 1, 2018 decision in BMG Rights Management (US) LLC, et al. v. Cox Commc'ns et al., No. 16-1972 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit affirmed the denial of Cox Communication's eligibility for Digital Millennium Copyright Act ("DMCA") Safe Harbor protection.
By Pier DeRoo, Kara Specht
Petitioner Maxlinear filed two co-pending IPR proceedings against the '585 patent, each asserting different prior art. In one IPR proceeding, the PTAB invalidated the independent ...
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