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Searching Content indexed under Intellectual Property by Mintz ordered by Published Date Descending.
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1
PTAB Confirms (Again) That The AIA's "Enhanced Estoppel" Provision Applies To Concurrent IPR Proceedings
In a decision from the PTAB issued last week, the Board confirmed that the "enhanced estoppel" provision of 35 U.S.C. § 315(e)(1) applies to co-pending IPR proceedings when a final written decision issues in a first IPR.
United States
22 Aug 2019
2
Effect Of Prosecution History Estoppel On Infringement Claim Under Doctrine Of Equivalents
The Federal Circuit in Amgen Inc. v. Coherus Biosciences Inc. affirmed a district court decision that once certain subject matter is clearly and unmistakably surrendered during prosecution, the patentee is barred from ...
United States
21 Aug 2019
3
Whose Game Is On? Carrie Underwood And NBC Sued Over SNF Song
As any football fan knows, Carrie Underwood has performed the introductory song for Sunday Night Football since 2013.
United States
17 Jul 2019
4
Navigating The Legalization Of Hemp Under The 2018 Farm Bill Involves Changes To The Issuance Of Federal Trademarks In The Cannabis Industry
Legalizing "hemp" under the Agricultural Improvement Act of 2018 has triggered an important change for the examination of federal trademark applications concerning cannabis and cannabis-derived goods and services.
United States
21 Jun 2019
5
Understanding The USPTO's Interpretation Of 35 U.S.C. § 112 For Computer-Implemented Functional Claim Limitations
Patent practitioners, inventors, in-house counsel, and patent examiners alike have been clamoring for more guidance on computer-implemented functional claim limitations invoking § 112(f) since the Federal Circuit's en banc ...
United States
21 Jun 2019
6
The International Trade Commission Has Broad Jurisdictional Authority, Including Indirect Sellers
On April 26, 2019, Administrative Law Judge ("ALJ") Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission's ("ITC")
United States
17 Jun 2019
7
Federal Circuit Affirms That The ITC Cannot Investigate An FDCA Violation Without The FDA's Say-So
In Amarin Pharma, Inc. v. Int'l Trade Comm'n (18-1247), the Federal Circuit affirmed the International Trade Commission's ("ITC") finding that Amarin's false advertising claim under § 43(a) of the Lanham Act was precluded by the Federal Food, Drug, and Cosmetic Act
United States
13 Jun 2019
8
Claim Construction Of "Customary And Ordinary" Meaning Does Not Justify Amendment Of Noninfringement And Invalidity Contentions
Recently, in a patent infringement action pending in the Eastern District of Michigan, Webasto Thermo & Comfort N. Am., Inc. v. BesTop, Inc., No. 2:16-cv-13456.
United States
12 Jun 2019
9
Score This One In Favor Of Standard-Essential Patent Owners: Recent Decision Makes Satisfying FRAND Obligations Easier
A recent decision in the Eastern District of Texas should provide standard-essential patent ("SEP") owners with more clarity and optimism when negotiating SEP licenses.
United States
11 Jun 2019
10
Supreme Court Adopts A "Rejection-As-Breach" Rule To Allow Licensee To Continue To Use Trademark Following Debtor's Rejection Of License
On May 20, 2019, the United States Supreme Court ruled that a debtor-licensor's ‘rejection' of a trademark license agreement under section 365 of the Bankruptcy Code does not terminate the licensee's rights...
United States
10 Jun 2019
11
Another Shoe Drops In The Qualcomm Patent Licensing Saga
Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm's business going forward.
United States
7 Jun 2019
12
Performing A Service Without Selling The Process Still Triggers The On-Sale Bar
Services play a large role in today's economy, and it is important to be mindful of how certain pitfalls that apply to product-based intellectual property rights also apply to method
United States
7 Jun 2019
13
ITC Alj McNamara In Apple-Qualcomm Investigation: Exclusion Orders Are Incentives To Design- Around
In her April 16, 2019 Public Interest Findings, ALJ McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the ITC proceeding between Apple and Qualcomm.
United States
5 Jun 2019
14
Director Iancu Roundtable With BIOCOM San Diego
Andrei Iancu, the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, believes that the U.S. needs a strong patent system in order to excel and thrive in the global economy.
United States
3 Jun 2019
15
Under New Guidance: Patent Eligibility Of Computerized Diagnostics At The PTAB
We previously reported on a PTAB decision involving a case in which a patent eligibility rejection was overcome by replacing a "comparing" step with a recitation that the sample is from a particular patient population.
United States
29 May 2019
16
District Court Of Delaware Awards An Ongoing Royalty That Applies Not Just To Adjudicated Products But Also To Non-Adjudicated Products That Are "Not Colorably Different."
Recently, in Godo Kaisha IP Bridge 1 v. TCL Commc'n Tech. Holdings Ltd., the Delaware District Court awarded the prevailing plaintiff in a patent infringement suit ...
United States
28 May 2019
17
ML Strategies Health Care Preview Week Of May 6, 2019
This week, the full House is poised to take its first action on drug pricing, voting on a pair of bills that would improve access to drug patents.
United States
27 May 2019
18
Where Both Parties Behave Badly In Litigation, Attorneys' Fees Are Unlikely To Be Awarded
On April 25, 2019, in Int'l Designs Corp., LLC, et. al. v. Hair Art Int'l, Inc., Judge George H. Wu in the Central District of California denied Hair Art's motion for attorneys' fees under 35 U.S.C. § 285.
United States
23 May 2019
19
Dueling Declaratory Judgment Suits Result In A Dismissal And Boomerang Transfer Back To The First-Filed Forum Under TC Heartland
On April 17, 2019, Judge Gilstrap of the United States District Court for the Eastern District of Texas, in Apicore v. Beloteca, No. 19-cv-00077, held that while the court
United States
16 May 2019
20
Understanding Antedating Of A Prior Art Reference For A Patent
The Federal Circuit's decision in ATI Technologies ULC v. Iancu (April 11, 2019) highlights the proper standard to use in evaluating whether a claimed invention was reduced to practice before
United States
2 May 2019
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