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Searching Content indexed under Patent by Wolf, Greenfield & Sacks, P.C. ordered by Published Date Descending.
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1
Federal Circuit Declines To Take Up Winning-Petitioner Estoppel
The Federal Circuit recently declined to consider whether a successful IPR petitioner is estopped from making its winning invalidity arguments in district court.
United States
8 Aug 2019
2
Strategies For Patenting AI Innovations In Life Sciences
Today, companies are developing AI systems to meaningfully analyze the deluge of biomedical data.
United States
7 Aug 2019
3
Patent Coverage Of Impossible Embodiments: A Cautionary Tale For Patent Owners, And Lingering Questions
Patent owners asserting their patents in litigation will often seek broad claim constructions to cover accused products and forestall defendants' non-infringement defenses.
United States
25 Jul 2019
4
In Follow-On IPR Petitions, Different Prior Art May Not Be Considered Substantially Different
An IPR follow-on petitioner may find it particularly challenging to select the best prior art references and arguments to submit to the PTAB.
United States
19 Jul 2019
5
Federal Circuit Report: What Is The Key To Unlocking The Federal Circuit's Divided Infringement Test?
In Travel Sentry Inc. v. Tropp, 877 F.3d 1370 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit shed some light on how to apply the divided infringe
United States
1 Jul 2019
6
A Party Is Not Entitled To Take Discovery On Subjects It Affirmatively Places Outside The Scope Of The Investigation
In the Matter of CERTAIN RADIO FREQUENCY MICRO-NEEDLE DERMATOLOGICAL TREATMENT DEVICES AND COMPONENTS THEREOF, Inv. No. 337-TA-1112
United States
13 Jun 2019
7
PTAB Panel Denies IPR Institution Under § 314(a) In View Of Parallel District Court Litigation
For months, panels at the PTAB have debated the relevance of parallel district court litigation on the PTAB's discretion under 35 U.S.C. § 314(a) to institute
United States
7 Jun 2019
8
The Internet Is Forever: Costs Of Oversharing Online
A critical and early determinant in any procedural review is an examination of the permissibility of individual pieces of evidence. In matters of intellectual property, and particularly in IPRs,
United States
6 Jun 2019
9
Did I Say That? The Narrow Divide Between § 102 And § 112 Arguments
This case provides an important reminder to practitioners: consider arguments and statements carefully in light of any and all possible rejections.
United States
31 May 2019
10
TTAB Affirms Section 2(e)(5) Functionality Refusal Of Milk Container Configuration
The Board affirmed a Section 2(e)(5) refusal of the container configuration shown below, for "milk," finding the design to be de jure functional.
United States
28 May 2019
11
Could Secret Sales Bar Your Ability To Patent A Medical Device?
A recent Supreme Court decision could have a significant impact on medical device manufacturers. These companies must continue to exercise caution in engaging in confidential sales and offers with outside partners
United States
8 May 2019
12
Isn't It Obvious To Optimize For Better Results?
Just because your issued patent was examined by the USPTO does not mean that it is free from challenge. Your competitors may, of course, scrutinize your patent and use IPR to challenge
United States
8 May 2019
13
To Prove A Printed Publication, Petitioners Should Connect All The Dots
You found a great prior art reference for your IPR petition. But if that reference isn't a patent or patent application, you'll need to think carefully about how to prove that the reference was actually published ...
United States
30 Apr 2019
14
Commission Agrees With ALJ Pender That Complainant Waived Indirect Infringement Arguments And That Respondents Waived Obviousness Theories
In the Matter of CERTAIN ROBOTIC VACUUM CLEANING DEVICES AND COMPONENTS THEREOFSUCH AS SPARE PARTS, Inv. No. 337-TA-1057, Commission Opinion (February 1, 2019)
United States
29 Apr 2019
15
The Patent Office POPs The Door Open For Same-Party Joinder
In September 2018, the Patent Office created the Precedential Opinion Panel (or "POP") to increase transparency and predictability of proceedings before the PTAB by establishing precedent
United States
12 Apr 2019
16
Lack Of Redundancy May Not Be Enough To Justify Follow-On Petitions For IPR
In the 2017 precedential decision General Plastic Co. v. Canon Kabushiki Kaisha, the PTAB established a set of seven non-exclusive factors that it will consider in exercising its discretion
United States
4 Mar 2019
17
High Court Scrutinizing Gov't Use Of AIA Reviews
On Feb. 19, 2019, the U.S. Supreme Court heard oral argument in Return Mail Inc. v. U.S. Postal Service
United States
4 Mar 2019
18
What Is The Key To Unlocking The Federal Circuit's Divided Infringement Test?
In Travel Sentry Inc. v. Tropp, 877 F.3d 1370 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit shed some light on how to apply the divided infringement standard set forth ...
United States
1 Mar 2019
19
Petitioner Beware: Inconsistent Claim Construction Positions Can Doom A Petition
While the Board recognizes that its rules do not require petitioners to take "positions consistent with related cases in different for a.
United States
28 Feb 2019
20
Be Careful What You Wish For Post-SAS
In the wake of SAS Institute v. Iancu, the PTAB has sometimes expanded pending IPRs to include previously un-instituted grounds
United States
18 Feb 2019
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