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Avoiding Patent Exhaustion: Structuring Agreements In View Of The Latest Jurisprudence
What do the principles of patent exhaustion have to do with the convenience of disposable consumer products such as individual coffee/tea/beverage pods, disposable diagnostic test strips..
United States
9 Jan 2018
2
New Patent Awarded For Cryptocurrency Settlement System
The U.S. Patent and Trademark Office granted a patent to Goldman Sachs for a cryptocurrency settlement system.
United States
11 Aug 2017
3
Patents For Computer And Life Science Technologies Making A Comeback?
In recent years, the U.S. Supreme Court has significantly shifted its attention in patent cases to the law regarding patent-eligible subject matter under 35 U.S.C. §101...
United States
18 Nov 2016
4
The Defend Trade Secrets Act: Significant Recent Changes To Intellectual Property Law May Provide New Avenues For Protecting Potentially Unpatentable Critical Discoveries
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act ("DTSA"), marking one of largest changes to intellectual property law since the America Invents Act of 2011.
United States
15 Jul 2016
5
The Suprema Federal Circuit En Banc Hearing: The Full Court's Decision May Impact The ITC's Remedial Authority
On May 13, 2014, the Federal Circuit granted the ITC’s and Cross Match’s petitions for rehearing en banc.
United States
23 Feb 2015
6
Are Questions Of Fact Being Overlooked In Software Cases?
Defendants have used 35 U.S.C. § 101 as a powerful tool to short-circuit infringement cases involving software patents since the U.S. Supreme Court’s proclamation in Alice Corp. Pty. Ltd. v. CLS Bank.
United States
16 Jan 2015
7
An Exceptional Decision: The ITC Stays Cease And Desist Orders Issued In The Dental Position Adjustment Appliances Investigation
The U.S. International Trade Commission ordered the stay of its own cease and desist orders previously entered against ClearCorrect.
United States
18 Jun 2014
8
Full Federal Circuit Vacates Panel Decision In Suprema And Grants Petitions For Rehearing En Banc
The ITC and Cross Match Technologies, Inc. petitioned for a rehearing en banc of the Federal Circuit’s December decision in Suprema v. ITC.
United States
21 May 2014
9
Federal Circuit Rules No Per Se Prohibition Against Injunctions For FRAND-Encumbered Standard Essential Patents
The U.S. Court of Appeals issued its decision in the appeal from Judge Posner’s ruling that denied both Motorola and Apple damages and injunctive relief.
United States
1 May 2014
10
The ITC Has Jurisdiction Over Digital File Transmissions Under Section 337
The ITC issued a notice determining that electronic files are "articles" and that transmission of such files constitutes "importation" under Section 337.
United States
22 Apr 2014
11
The Federal Circuit Considers Petitions For Rehearing Suprema — Its Decision Defining The ITC’s Authority To Police Induced Infringement
The ITC and Cross Match Technologies Inc. requested rehearing of the December panel decision of the U.S. Court of Appeals in Suprema and Mentalix v ITC.
United States
8 Apr 2014
12
Significant Uptick In Royalty And Patent Stream Monetizations
One of the areas where Cadwalader has seen a significant pickup in activity levels in 2013 and early 2014 is royalty and patent stream monetizations.
United States
27 Mar 2014
13
A View From The Trenches: Section 101 Patent Eligibility Challenges In The Post-Bilski Trial Courts
"Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter... may obtain a patent therefor..."
United States
6 Mar 2014
14
New Decision Increases Calculation Of Patent Term
In Novartis AG v. Lee, 2013-1160, the Federal Circuit determined that the USPTO has been incorrectly calculating patent term adjustments, potentially shortening the terms of thousands of U.S. patents.
United States
17 Jan 2014
15
FTC Expands Reporting Requirements For Transfers Of Pharmaceutical Patent Rights
The U.S. Federal Trade Commission issued final changes to the premerger notification rules that affect whether pharmaceutical companies must report certain proposed acquisitions of exclusive patent rights to the FTC and the Antitrust Division of the Department of Justice for antitrust review under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended.
United States
12 Nov 2013
16
Supreme Court Decision Compels Brand-Name And Generic Drug Manufacturers Alike To Rethink Hatch-Waxman Litigation Strategies
In a recent decision long-awaited by antitrust and intellectual property practitioners, the U.S. Supreme Court ruled that so-called pharmaceutical "reverse payment" agreements are not immune from antitrust scrutiny.
United States
21 Jun 2013
17
Final Patent Rules Quell Jitters Over Post-Grant Proceedings
A bedrock principle of the U.S. patent system is the statutory presumption of the validity enjoyed by every issued U.S. patent.
United States
15 Oct 2012
18
Federal Circuit Rejects Extraterritoriality Limitation For Certain Patent Claims
In our first posting (here) of Merial Limited, BASF Agro B.V. v. CIPLA Ltd., et al., Nos. 2011-1471, 1472 (Fed. Cir. 2012), we discuss the Court of Appeals ruling on Fed. R. Civ. P. 4(k)(2).
United States
10 Jun 2012
19
Second Circuit, In Matter Of First Impression In That Circuit, Holds That Non-U.S. Production Or Use Does Not Trigger "First Sale Doctrine" Contained In The Copyright Act
In reporting on Omega S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff’d by an evenly divided Court, Costco Wholesale Corp v. Omega, S.A., 131 S.Ct. 565 (2010).
United States
22 May 2012
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