Mondaq USA: Intellectual Property > Patent
Jones Day
In a recent Initial Determination ("ID"), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The WIPO website has training materials that include a PCT video series on how to file your international application.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Artificial intelligence (AI) — the science of teaching a machine how to "think" — has its roots in the 1950s. But until recently, it was considered a niche ...
Marshall, Gerstein & Borun LLP
Serial IPR petitions directed to previously-challenged patents account for many of the petitions filed with the PTAB; however, 35 U.S.C. § 325(d) provides the Board with discretion to reject petitions...
Smith Gambrell & Russell LLP
Tech startup companies often rely on patents and other types of intellectual property (IP) rights to help safeguard against competition, thereby protecting their investors and increasing the chance...
Seyfarth Shaw LLP
It was a busy year for patent litigation across the broad, including the U.S. Patent and Trademark Office Patent Trial and Appeals Board (PTAB) ...
RPX Corporation
DIFF Scale Operation Research, LLC recorded the November 2017 assignment of over 20 patents acquired from CommScope on the same day that it asserted different subsets of those patents against seven defendants in a new litigation campaign.
Foley & Lardner
The memorandum was issued by Deputy Commissioner for Patent Examination Policy, Robert W. Bahr, and discusses three aspects of USPTO written description guidance.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Federal Circuit permitted a damages expert to use the entire market value of an accused lawn mower—the sales price of the mower—as a base for calculating royalties ...
Fenwick & West LLP
In reading post-Mayo/Alice decisions, some seem more comfortable than others.
Duane Morris LLP
The Cuozzo decision presented Wi-Fi One with the opportunity to persuade the Federal Circuit that time-bar determinations should fall into a category open to judicial review.
Jones Day
Whether a process step in product claims is afforded patentable weight has been an issue gaining more attention recently. The Federal Circuit weighs in on the topic in In re Nordt Dev. Co., LLC...
Jones Day
The PTAB rules state that "[t]he petition and supporting evidence must be served on the patent owner at the correspondence address of record for the subject patent." 37 C.F.R. § 42.105(a).
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
An employer lacked standing to sue for patent infringement because the employment agreement with the inventor simply provided an obligation to assign in the future ...
Foley & Lardner
In 2017, the Supreme Court rejected the Federal Circuit's longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
When a patent owner attempts to resolve an IPR validity challenge at the patent office by disclaiming or cancelling some of its patent claims either before or after institution of IPR proceedings, the patent office ...
Andrews Kurth Kenyon LLP
Communications between a client and registered patent agent who is doing authorized legal work for the client may be protected as privileged, the Texas State Supreme Court recently ruled on...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In 1980, President Jimmy Carter named Helen W. Nies to the United States Customs and Patent Appeals Court.
Ropes & Gray LLP
Patent owner estoppel is codified by Patent Trial & Appeal Board regulation (37 C.F.R. § 42.73(d)(3)(i)). This rule is designed — much like patent interference estoppel — to thwart patent owners from securing claims ...
Ropes & Gray LLP
Just over half of all final written decisions for petitions challenging Orange Book-listed patents find all claims patentable.
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Ruchelman PLLC
Change driven by development of intellectual property ("I.P.") is now a constant. Whether the I.P. user is a tax adviser accessing a digital library, an auto mechanic interfacing with an engine...
Duane Morris LLP
The Patent Trial and Appeal Board has agreed to review the validity of a smart utility meter patent owned by Smart Meter Technologies, Inc. ("SMT").
Morgan Lewis
Amgen paints a different picture as to the bad actor during the parties' negotiations pursuant to the Biologics Price Competition and Innovation Act.
Duane Morris LLP
Chinese wind turbine manufacturer Sinovel Wind Group Co. Ltd. was convicted last month of stealing software from AMSC Inc., a U.S.-based company formerly known as American Superconductor Inc.
Duane Morris LLP
If proven, inequitable conduct renders a patent unenforceable.
Jones Day
In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions.
Wolf, Greenfield & Sacks, P.C.
There is much speculation about whether it is still possible to patent software. Indeed, when it comes to software-implemented inventions, decision makers ...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Medicines Company ("MedCo") appealed findings of no infringement made by the United District Court for the District of Delaware.
Duane Morris LLP
ChargePoint, Inc., a leading provider of Electric Vehicle (EV) charging stations, appears to have lost a bid to provide charging stations to Electrify America and promptly sued the winning bidder for patent infringement.
Foley & Lardner
In what may be viewed as another blow to aftermarket automotive suppliers, on February 20, 2018, the U.S. District Court for the Eastern District of Michigan issued a decision declining to invalidate...
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