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Supreme Court: Federal Agencies Cannot Seek Review Of Issued Patents Under AIA
The US Supreme Court's decision in Return Mail, Inc. v. U.S. Postal Service removes the ability of federal agencies to seek post-issuance review of a US patent under the inter partes, covered business method or ...
United States
18 Jun 2019
EPO's Approach To The Patentability Of Plant-Related Inventions
The now-issued Decision is consistent with that announcement and provides the Board's reasoning.
European Union
22 Mar 2019
USPTO Revised Patent Eligibility Guidelines Significantly Eases Path To Obtaining Computer-Related Patents
The revised guidelines insert an additional requirement for the USPTO to find a claim patent ineligible.
United States
15 Mar 2019
Trade Secrets: A Valuable Tool In Your IP Protection Strategy
One of the most important things that a company can do to maintain its value is to take thoughtful steps to protect its intellectual property, its "secret sauce," so to speak, that sets the product or company apart ...
United States
6 Feb 2019
Helsinn Confirms Longstanding Law Concerning "On-Sale" Bar
US patent law has long held that inventions put on sale or placed in public use may not be patented if those sales or uses occurred more than one year before filing for patent protection.
United States
28 Jan 2019
2018 Farm Bill Enacted With Important Provisions For Plant IP And Cannabis-Related Business
The $867 billion farm bill ("Agriculture Improvement Act" – House Res. 2) was signed into law by the president on December 20.
United States
23 Jan 2019
Antitrust Trends In 2019: Enforcement Watch List For The Year To Come
As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the DoJ and FTC ...
United States
10 Jan 2019
European Patent Office Gives Guidance On Artificial Intelligence And Machine Learning
For the first time, the European Patent Office has issued guidance on the patentability of artificial intelligence and machine learning technologies. The guidance will become valid on 1 November 2018.
1 Nov 2018
Agreements Involving Biosimilars Must Be Reported To FTC And DOJ Under New Law
Consultation with antitrust counsel, both in structuring settlement agreements and in submitting filings, is therefore advisable.
United States
22 Oct 2018
What Happens To Your IP Rights After A "No Deal" Brexit?
On 24 September 2018, the UK Government outlined its position on how the various IP rights will be treated following "Brexit Day" – planned for 29 March 2019, in the unlikely event that the United Kingdom leaves the European Union in a "No Deal Brexit."
12 Oct 2018
Supreme Court Upholds Inter Partes Reviews, Clarifies Rules Of Proceedings
The Supreme Court issued two highly anticipated opinions addressing the constitutionality and required scope of IPR proceedings.
United States
27 Apr 2018
Supreme Court Eliminates Laches Defense For Many Patent Infringement Cases
On March 21, 2017, the Supreme Court issued its decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, which addressed the viability of the equitable defense of laches under the patent laws.
United States
24 Apr 2017
Supreme Court's Cuozzo Decision Signals PTO Invalidity Proceedings Here To Stay
The Supreme Court issued a decision this week that is significant for all companies that operate in patent-intensive industries.
United States
29 Jul 2016
Who Owns What: Patent Assignment And Ownership
A patent is a government-granted property right that can be used to exclude others from making, using or selling an invention for a specified time (how long depends on the type of patent).
United States
29 Jul 2016
New Patent Rules Limiting Continued Examination Filings And Limiting The Number Of Claims In An Application
On August 21, 2007, the United States Patent and Trademark Office (“the PTO”) published the long-awaited rules aimed at limiting continuing application filings and request for continued examination filings.
United States
14 Sep 2007
Another Court Follows The Footstar Decision On Assumption Of IP Licenses In Bankruptcy
Intellectual property licenses continue to be significant to companies across a wide range of industries. This fact makes their treatment in business bankruptcy cases a topic of keen interest.
United States
13 Sep 2007
SanDisk v. STMicroeletronics Announces A “Sweeping Change” To The Declaratory Judgment Standard In Patent Cases
A recent Federal Circuit decision, SanDisk Corp. v. STMicroelectronics, Inc., announced a new declaratory judgment standard in patent cases, expanding the rights of potential licensees to file preemptive complaints against patent owners.
United States
1 Jun 2007
Teva v. Novartis: Federal Circuit Expands the Ability of Generic Drug Companies To Sue Pioneer Drug Companies For Declaration Of Patent Noninfringement And Invalidity
A new Federal Circuit decision promises to lead to more patent suits between generic drug companies and pioneer drug companies. Following the Supreme Court's explicit direction in its MedImmune v. Genentech opinion, the Federal Circuit has overturned its prior restrictive test for the right of generic drug companies to bring declaratory judgment actions against pioneer drug companies.
United States
11 Apr 2007
MedImmune v. Genentech: A Dilemma Removed For Patent Licensees
The law of patent licensing has been plagued for years by uncertainty regarding what can happen when the licensee, after entering into a royalty-bearing license agreement, wants to challenge the validity of the licensed patents and thus contest its obligation to pay royalties to the licensor.
United States
21 Feb 2007
New Patent Office Rules For Petitions For Accelerated Examination
The United States Patent and Trademark Office has recently revised the requirements for filing petitions for accelerated examination and other petitions to make special. The new requirements became effective on August 26, 2006. Under the new rules, an applicant will be required to provide additional information with the petition for accelerated examination, and comply with revised procedures throughout the examination process.
United States
31 Oct 2006
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