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PTAB Can Consider § 101 When Reviewing Amended Claims
The Patent Trial and Appeal Board has designated as precedential a decision holding that the Board may consider § 101 when evaluating the patentability of a patent owner's proposed substitute claims in a motion to amend.
United States
23 May 2019
With Hemp Legalized By 2018 Farm Bill, Patent And Trademark Office Issues New Guidelines
On May 2, 2019, the United States Patent and Trademark Office (USPTO) made available a new examination guide aimed at clarifying
United States
22 May 2019
UCANN's Liquid Cannabis Patent Survives Section 101 Challenge By Pure Hemp; Judge Questions Novelty, Usefulness And Nonobviousness
On April 17, 2019, the Federal Court in the District of Colorado denied Pure Hemp's motion to dismiss United Cannabis Corporation's (UCANN) patent for failing to claim "patentable subject matter."
United States
8 May 2019
Federal Court Litigation Between GE And Vestas Likely To Remain Stayed; Parties Continue To Battle At Patent Board
◾The patent infringement lawsuit being heard in federal court in Delaware between General Electric and Vestas Wind Systems A/S appears likely to remain on hold through late 2019 or early 2020.
United States
29 Apr 2019
Federal Circuit: Four Chargepoint Patents Assserted Against Semaconnect Are Invalid
The United States Court of Appeals for the Federal Circuit ruled last Thursday that four patents owned by ChargePoint, Inc., are invalid.
United States
15 Apr 2019
Now In Effect – PTAB's New Motion To Amend Procedures
As recently noticed in the Federal Register, the Patent Trial and Appeal Board's (PTAB or Board) new motion to amend (MTA) procedures are now in effect as a one-year pilot program.
United States
8 Apr 2019
Law Of The Case? Not In Our Forum! Continuing Trend Of PTAB Aggressively Using Its Discretionary Powers To Deny Institution Of IPRs
By statute, Congress gave the Patent Trial and Appeal Board ("PTAB") broad discretionary power in deciding whether or not to institute an inter partes review ("IPR") proceeding.
United States
2 Apr 2019
Pair Of LA-Based Solar Installers Head To Court For Patent Fight
PermaCity Corporation, a solar installation company based on Los Angeles, has sued rival Orion Solar Racking Inc. in federal court in California for alleged patent infringement and breach of a non-disclosure agreement.
United States
19 Mar 2019
Continuing Coverage Of GE v. Vestas: Wind Turbine Patent Litigation
Since July 2017, the two leading wind turbine providers in the United States – General Electric and Vestas, reportedly controlling more than 80% of the U.S. wind turbine market
United States
11 Mar 2019
The Coming EV Revolution
"Disruption" is a term that tends to be used casually when attempting to describe an industry or technological change on the horizon.
United States
5 Mar 2019
What Competitors Don't Know Can Hurt You: Scotus Rules Secret Sales Can Trigger On-Sale Bar Under AIA
The Supreme Court of the United States recently affirmed the decision of the U.S. Court of Appeals for the Federal Circuit in Helsinn Healthcare v. Teva Pharmaceuticals, 855 F.3d 1356 (2017), which invalidated a patent-in-suit under the post-AIA on-sale bar.
United States
29 Jan 2019
Federal Circuit To Decide Validity Of ChargePoint Patents
The United States Court of Appeals for the Federal Circuit is poised to decide the validity of four key ChargePoint, Inc., patents after hearing oral arguments last Thursday.
United States
22 Jan 2019
Vestas Challenge To Invalidate GE Wind Tech Patent Is Denied
The Patent Trial and Appeal Board denied a challenge brought by Vestas Wind Systems A/S against a General Electric patent directed to technology for connecting wind turbines to the electric grid.
United States
27 Dec 2018
A Closer Look At Tesla's Open-Source Patent Pledge
In 2014, Elon Musk announced that he was "open-sourcing" Tesla's patents.
United States
7 Dec 2018
Top Posts From Our First Year Of The Duane Morris Green IP Blog
This week marks the one-year anniversary of our first post to the Duane Morris Green IP Blog, so we thought we'd mark the occasion with a look back at our top posts of the first year.
United States
20 Nov 2018
Five Good Habits Of University Researchers Launching Spinouts
If you are a university researcher interested in launching a startup based on an invention developed in your lab, below is a list of some key guidelines to keep in mind as you start your company:
United States
11 Nov 2018
Patent Trial And Appeal Board Strikes Down Claims Of Smart Meter Patent
In March 2016, Smart Meter Technologies, Inc. filed a lawsuit in federal court in Delaware alleging that Duke Energy infringed SMT's U.S. Patent Number 7,058,524 by installing and operating automated power distribution equipment in residential installations.
United States
8 Nov 2018
Transatomic Power To Open Source IP Regarding Advanced Molten Salt Reactors
Advanced nuclear reactor design firm Transatomic Power announced that it will suspend operations and open-source its intellectual property.
United States
18 Oct 2018
Case Study: Jazz Pharmaceuticals v. Amneal Pharmaceuticals
On July 13, 2018, the Federal Circuit decided Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC, an appeal of six inter partes review decisions by the PTAB's finding that certain claims of seven patents ...
United States
18 Oct 2018
Vestas Files New Challenge Against GE Wind Turbine Patent
After filing a first challenge against GE's U.S. Patent No. 6,921, 985 in May, Vestas has filed a second challenge in August to expand its attack on that patent.
United States
13 Sep 2018
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