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1
CAFC To Hear CRISPR-Cas9 Appeal This Spring
The PTAB agreed with Broad and terminated the interference. UC appealed.
United States
27 Mar 2018
2
How Federal Courts Apply Common Interest Privilege To Litigation Funding, M&A Due Diligence, And Other Third-Party Scenarios
The concept of "privilege" is critically important in the United States legal system and litigation.
United States
13 Mar 2018
3
Navigating An FTC Drug Pricing Investigation
Antitrust Associate Amanda Hamilton published an article in FDLI's Update Magazine for the January-February 2018 Issue entitled "Navigating an FTC Drug Pricing Investigation
United States
22 Feb 2018
4
The Federal Circuit's Berkheimer Ruling: The Necessity For Fact Finding Before Summary Judgment Under 35 U.S.C. § 101
On February 8, 2018, the Federal Circuit vacated portions of a decision from the U.S. District Court for the Northern District of Illinois in Berkheimer v. HP Inc., No. 2017-1437, 2018 U.S. App. LEXIS 3040.
United States
19 Feb 2018
5
My Supreme Court Debut: No Room For Nervousness'
Haug Partners LLP Attorney Jonathan Herstoff recently argued before the United States Supreme Court for Hamer v. Neighborhood Housing Services of Chicago et al., No. 16-658 (U.S.), and won in a unanimous vote.
United States
4 Jan 2018
6
SAS/Claim Institution Supreme Court Oral Argument Observations
On November 27, 2017, the Supreme Court heard oral argument in SAS Institute Inc. v. Matal, No. 16-969. At issue is whether in inter partes reviews ("IPRs") ...
United States
30 Nov 2017
7
Oil States/IPR Constitutionality Supreme Court Oral Argument Highlights
On November 27, 2017, the Supreme Court heard oral argument in Oil States Energy Services v. Greene's Energy Group, No. 16-712. At issue is whether inter partes reviews ("IPRs") are unconstitutional ...
United States
30 Nov 2017
8
The Heart Of The Matter: Venue In Light Of TC Heartland And In Re Cray
Over the past few months the venue landscape for patent infringement litigations has changed drastically.
United States
16 Oct 2017
9
Federal Circuit's Aqua Products Ruling Makes Amending Patents Easier During IPRs
On October 4, 2017, the Federal Circuit issued its en banc decision in Aqua Products, Inc., v. Matal, holding that the patent owner does not have the burden to prove the patentability of any substitute claim...
United States
13 Oct 2017
10
Trends In Copyright Litigation For Tattoos
Most commentators would likely conclude that tattoos are eligible for copyright protection under the Copyright Act.
United States
19 Sep 2017
11
FTC Orphan Drug Pricing Investigations: What You Should Know
Amanda Hamilton recently had her article "What Can the FTC Do about Orphan Drug Prices?" published in the Antitrust Health Care Chronicle for August 2017.
United States
13 Sep 2017
12
"Intent To Use" And U.S. Trademark Filing Based On Foreign Registration
There are five bases for filing an application for a registration of a trademark in the U.S.: (1) use of a mark in commerce under Section 1(a) of the Lanham Act;
United States
5 Sep 2017
13
Oil States Energy Services v. Greene's Energy Group, LLC: What You Should Know
On June 12, 2017, the United States Supreme Court granted a petition for a writ of certiorari in Oil States Energy Services LLC v. Greene's Energy Group, LLC. 639 Fed. App'x 639 (Fed. Cir 2016)...
United States
24 Aug 2017
14
Corporate Counsel Beware: Risks Associated With "Intent To Use" Trademark Applications
An always popular route for brand owners applying for U.S. trademark protection is filing based upon a bona fide intention to use a mark in commerce.
United States
24 Aug 2017
15
USPTO Navigates New Territory In The Wake Of Matal v. Tam
Ben Natter and Jessica Sblendorio recently had their article regarding the United States Patent and Trademark Office's ("USPTO") response to Matal v. Tam published on IPwatchdog.com.
United States
23 Aug 2017
16
Federal Circuit: No Right to a Jury Trial for Attorney's Fees Awarded in Patent Cases
In an August 10, 2017 opinion, AIA America, Inc. v. Avid Radiopharmaceuticals, a Federal Circuit panel held that 35 U.S.C. § 285 does not establish a right to a jury trial when attorney's fees are requested.
United States
21 Aug 2017
17
Federal Circuit Clarifies The Role Of Explanatory Text In Advertising Materials When Considering A Mark's Descriptiveness
In a precedential opinion published on August 10, 2017, the Federal Circuit upheld a TTAB decision that denied registration of the "FIRST TUESDAY" mark due to its merely descriptive nature...
United States
21 Aug 2017
18
Limits Of PTAB Sovereign Immunity Defense For IPRs Shown In Reactive Surfaces V. Toyota
The order dismissed one of the patent-in-suit's owners—the Regents of the University of Minnesota—but denied the motion to dismiss as to the patent's co-owner Toyota Motor Corp.
United States
16 Aug 2017
19
A Balancing Act: Fair Use And Creative Content
This article analyzes a trend in the entertainment field where a party wishing to use another's intellectual property in a creative work will do so without first seeking a license or express consent...
United States
8 Aug 2017
20
Federal Circuit Reverses "Inherency" Obviousness Ruling In Hatch-Waxman Lawsuit
In a July 17, 2017, precedential opinion, Millennium Pharmaceuticals, Inc. v. Sandoz Inc., the U.S. Court of Appeals for the Federal Circuit reversed and remanded an invalidity decision by the Delaware District Court.
United States
2 Aug 2017
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