Searching Content by Marshall, Gerstein & Borun LLP ordered by Published Date Descending.
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Don't Save New Fish To Fry In Reply
In Henny Penny Corp. v. Frymaster LLC (Fed. Cir. 2019), the Federal Circuit again upheld the PTAB's application of its rule prohibiting petitioners from raising new arguments in a reply brief
United States
18 Oct 2019
"Music To Your Ears: Best Practices For Prosecuting Sound Mark Applications"
Over the past several decades, the registration of sound marks has become an increasingly valuable tool for brand owners. For example, the sound of MGM's famous lion roar imparts...
United States
11 Oct 2019
"How Patent Landscape Studies Can Guide Medical Device Innovation"
In an article published in the September issue of Medical Design Briefs, partner Daniel T. Chavka discusses how the patent landscape can guide medical device innovation.
United States
27 Sep 2019
"A Lucrative Micro-Niche: Synthetic Biology"
What is synthetic biology? At a fundamental level, synthetic biology is an interdisciplinary area applying engineering principles to biology ...
United States
25 Sep 2019
Artificial Intelligence & The Intellectual Property Landscape
Artificial Intelligence (AI) has become increasingly important to companies and institutions of all sizes and industries.
United States
20 Sep 2019
Federal Circuit Affirms Obviousness Decision By Board, Finds No APA Violation Based On New Characterization Of Passage Providing Motivation To Combine
In Smith & Nephew, Inc. v. Arthrocare Corp., Appeal No. IPR2016-00918 (Fed. Cir. Aug. 21, 2019), the Federal Circuit affirmed the Patent Trial and Appeal Board's decision in an IPR
United States
11 Sep 2019
"Five Years After Alice: Five Lessons Learned From The Treatment Of Software Patents In Litigation"
It has been five years since the Supreme Court's landmark decision in Alice Corp. v CLS Bank International. Alice established a two-part test to determine if a software patent
United States
10 Sep 2019
Federal Circuit Addresses Constitutional Issue Supreme Court Left Open
In consolidated appeals of a trio of Board decisions canceling pre-AIA patents in inter partes reviews (IPR), the Federal Circuit held "that the retroactive application of IPR proceedings to pre-AIA patents is not an...
United States
13 Aug 2019
A Reference Is Publicly Accessible If A Person Of Ordinary Skill In The Art Could Access The Reference
In a recent decision vacating the PTAB's finding that a draft standard for video coding emailed to a listserv was not publicly accessible.
United States
8 Aug 2019
Corroboration Required To Prove Earlier Invention Date
As we have discussed (here and here), owners of pre-AIA patents may be able to "swear behind" alleged prior art references by providing evidence of an earlier invention date
United States
1 Aug 2019
Federal Circuit Upholds Patent Ineligibility Of Dice Game
The Federal Circuit recently issued a decision in In re Marco Guldenaar Holding B.V., ruling the claims at issue were directed to the abstract idea
United States
29 Jul 2019
Four Decisions To Know Regarding The PTAB's Treatment Of The New 2019 Patent Eligibility Guidelines
PTABWatch Takeaway: The Patent Trial and Appeal Board (PTAB) designated as "informative" four decisions applying the Patent Office's 2019 patent eligibility guidance (PEG)
United States
23 Jul 2019
Is The Written Description Requirement A Nose Of Wax?
In re Global IP Holdings LLC, Appeal 2018-1426 (Fed. Cir. July 5,2019), concerns patent law's written description requirement, under 35 USC § 112.
United States
22 Jul 2019
PTAB Precedential Decisions On Discretion To Institute Inter Partes Review
In May 2019, the PTAB designated precedential two IPR decisions related to its discretion to institute inter partes review.
United States
11 Jul 2019
USPTO To Patent Owners – Don't Forget About Reexams And Reissues
Recently updated statistics from the USPTO provide little comfort for patent owners seeking to amend claims during an IPR proceeding.
United States
10 Jul 2019
State University Patents Are Not Immune from Inter Partes Review
The Federal Circuit on June 14 affirmed Patent Office decisions in inter partes review (IPR) proceedings canceling patents the University of Minnesota owned,
United States
28 Jun 2019
Estoppel May Not Apply When Petitioner Lacks Standing To Appeal IPR Decision
In AVX Corp. v. Presidio Components, Inc., No. 2018-1106 (Fed. Cir. May. 13, 2019), the Federal Circuit determined that a manufacturer did not have standing to appeal an adverse decision
United States
17 Jun 2019
Three Indicators A Software Patent May Be Unenforceable
The U.S. patent system has always struggled with how to deal with software. Sometimes software patents were welcomed; sometimes they were not.
United States
6 Jun 2019
Estoppel Remains Malleable
A few months ago, in BTG International Ltd. v. Amneal Pharmaceuticals LLC, the Federal Circuit invited the Patent Office's views on the scope of the petitioner estoppel under 35 U.S.C. § 315(e)(2).
United States
3 Jun 2019
Estoppel May Arise After Trial
In an unusual fact situation, Judge Andrews of the U.S. District Court for the District of Delaware held that estoppel stemming ...
United States
28 May 2019
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