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Supreme Court Nixes USPTO's Practice Of Partially Instituting IPR Challenges
While the Oil States Energy Services, LLC v. Green's Energy Group, LLC case was one of the most intensely followed Supreme Court decisions in many years, another decision issued on April 24, 2018...
United States
1 May 2018
2
The Supreme Court Upholds The Constitutionality Of The IPR Process
This term, the United States Supreme Court took up the issue of whether inter partes review ("IPR") proceedings conducted by the U.S. Patent and Trademark Office ("USPTO") violated...
United States
27 Apr 2018
3
Part III: Another Update On IPR Estoppel In The Courts And At The PTAB
In March 2017, I reported on the shifting standard for estoppel in inter partes review (IPR) proceedings. See The shifting standard for IPR estoppel: Where are we now? In September 2017...
United States
5 Apr 2018
4
PTAB Offers Clarification On Inter Partes Review And State Sovereign Immunity
The topic of sovereign immunity has been raised a number of times in recent months in inter partes review ("IPR") proceedings.
United States
28 Dec 2017
5
Amending Claims May Be Getting Easier In Post-Grant Proceedings, At Least For Now
In a highly fractured case, the full Federal Circuit in Aqua Products, Inc. v. Matal, No. 2015-1177, found that the burden of persuasion rests on the petitioner to show that proposed claims in an "IPR" proceeding...
United States
16 Oct 2017
6
An Update On The Shifting Standard For IPR Estoppel
Inter partes review (IPR) proceedings continue to be as popular as ever.
United States
9 Oct 2017
7
Supreme Court Overturns The Federal Circuit, Granting More Flexibility To Biosimilar Makers
In a unanimous opinion, the United States Supreme Court again reversed the Federal Circuit in Sandoz Inc. v. Amgen Inc., interpreting the meaning of key provisions of the Biologics Price Competition...
United States
28 Jun 2017
8
Control Stops Here? Supreme Court Reins In Post-Sale Control Of Patented Articles
The United States Supreme Court held in a largely unanimous decision that any sale of a patented item (whether foreign or domestic) exhausts the patentee's ability to enforce post-sale restrictions...
United States
13 Jun 2017
9
Supreme Court Heralds Tectonic Shift In Venue Selection For Patent Suits
This decision overrules the Federal Circuit's decision in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990).
United States
31 May 2017
10
New Fed Circuit Decision Bolsters On-Sale Bar
Patent litigators will tell you that there are many ways to invalidate a patent. One of their favorites is a self-inflicted ground of invalidity known as the "on-sale bar."
United States
19 May 2017
11
Laches No Longer A Defense To Patent Infringement
While under attack for several years now, the patent infringement defense of laches was dealt a serious, and likely final, blow by the recent Supreme Court case of SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al.
United States
13 Apr 2017
12
Supreme Court Limits Liability For Shipping Parts Of Patented Inventions Abroad
Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States.
United States
28 Mar 2017
13
Blow Browse: University Patents Now Immune To Inter Partes Review: Will Business Come Calling?
In recent years, many colleges and universities have become veritable patent powerhouses.
United States
16 Mar 2017
14
University Patents Now Immune To Inter Partes Review: Will Business Come Calling?
State colleges and universities recently received a potential increase in the value of their patent portfolios in the form of a ruling from the Patent Trial and Appeal Board (PTAB).
United States
16 Mar 2017
15
The Shifting Standard For IPR Estoppel: Where Are We Now?
There is no doubt that inter partes review proceedings (IPRs) are now the favored mechanism for invalidating patents.
United States
15 Mar 2017
16
SCOTUS Clarifies Damages Analysis For Design Patents, Reversing Landmark Damage Award
In another rebuke of the Federal Circuit, the Supreme Court reversed an appellate decision that upheld an award of almost $400 million resulting from Samsung's alleged infringement...
United States
28 Dec 2016
17
Boundaries Of America Invents Act Review Procedures Still Being Defined
With the America Invents Act (AIA), the Patent and Trademark Office (PTO) was tasked with creating a new administrative process for challenging certain business method patents.
United States
16 Dec 2016
18
Case Shows Ever-Changing Nature Of Patent Law
The America Invents Act (AIA), passed almost five years ago, continues to substantially change patent law in the United States — and questions about the law's effects are still being litigated.
United States
22 Oct 2016
19
EA Sports Won't Be Beaten At Its Own Game – Escaping Potential Liability Through Successful § 101 Motion To Dismiss
It has been a long-standing business practice in the video game industry to update sports video game parameters to reflect real-world developments.
United States
10 Oct 2016
20
What U.S. Companies Need To Know About Their IP Rights Post-Brexit
On June 23, 2016, the British public voted in a referendum in favour of the U.K. withdrawing from the EU. For now, the U.K. is still very much part of the Union.
United States
5 Oct 2016
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