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Searching Content indexed under Litigation, Mediation & Arbitration by Christina Sperry ordered by Published Date Descending.
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Understanding Antedating Of A Prior Art Reference For A Patent
The Federal Circuit's decision in ATI Technologies ULC v. Iancu (April 11, 2019) highlights the proper standard to use in evaluating whether a claimed invention was reduced to practice before
United States
2 May 2019
2
Patent Claim Preamble Lessons From Arctic Cat Inc. v. GEP Power Products
The general rule is that a patent claim's preamble does not limit the claim unless the preamble gives life, meaning, and vitality to the claim.
United States
26 Apr 2019
3
Lessons About Prosecution History Estoppel And Design Patents From Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co.
Patent practitioners are probably well familiar with circumstances in which prosecution history estoppel can limit the scope of a U.S. utility patent's claims.
United States
13 Aug 2018
4
Patent Specification Drafting Considerations Highlighted By TF3 Limited V. TRE Milano, LLC
Is there any possible danger in using the abbreviation "i.e." in the specification of a U.S. patent application?
United States
8 Aug 2018
5
Patent Exhaustion Defense Unavailable To Reseller After Impression Products
In an application of 2017 U.S. Supreme Court precedent in Impressions Products, Inc. v. Lexmark Intern., Inc., the Northern District California in International Fruit Genetics LLC v. Orcharddepot.com...
United States
27 Feb 2018
6
Overcoming Obviousness Rejections: Arguing Changes To Fundamental Principle Of Operation
When trying to overcome an obviousness rejection of a patent claim, an argument that two or more cited references cannot be combined may be used.
United States
25 Jan 2018
7
Year In Review: The Most Popular Blog Posts Of 2017
As 2018 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2017.
United States
5 Jan 2018
8
Kyle Bass' First IPR Win At The PTAB
The medicine helps the remaining intestine (bowel) absorb more and reduces the need for parenteral support.
United States
10 Nov 2016
9
Analyzing Patent Claims Having Conditional Language – The PTAB Provides Clarity
The Patent Trial and Appeal Board (PTAB) recently designated Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016), as precedential.
United States
1 Nov 2016
10
The Federal Circuit Newly Recognizes Patent-Agent Privilege
Queen's University, located in Ontario, Canada, sued Samsung for patent infringement. Throughout fact discovery, Queen's University refused to produce certain documents it believed contained privileged information.
United States
16 Mar 2016
11
Kyle Bass' Another Three IPRs: Targeting Anacor
Kyle Bass continues to make waves throughout the pharmaceutical industry. Since Bass founded Coalition for Affordable Drugs X LLC to challenge pharmaceutical patents, CFAD has filed over three dozen petitions as of this date.
United States
9 Mar 2016
12
Inphi v. Netlist: Alternative Features Satisfy The Patent Written Description Requirement For A Negative Claim Limitation
Netlist sued Inphi for infringement of U.S. Patent No. 7,532,537 ("the '537 Patent") in September 2009.
United States
2 Feb 2016
13
Pfizer v. Lee: A Patent Term Adjustment Double Standard?
In Pfizer v. Lee (No. 2015-1265, January 22, 2016), the Federal Circuit upheld the USPTO's determination that the toll period for A-type patent term adjustment delay stops upon the mailing of a deficient USPTO paper.
United States
2 Feb 2016
14
Year In Review: The Most Popular Blog Posts Of 2015
As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015.
United States
22 Jan 2016
15
Tips For Responding To New Grounds Of Rejection In An Examiner's Answer
Filing an appeal brief with the Patent Trial and Appeal Board (PTAB) can be an effective way to advance prosecution and secure allowable claims.
United States
13 Dec 2015
16
Tips For Effectively Organizing PTAB Appeals Brief – Claim Grouping
Filing an appeal brief with the Patent Trial and Appeal Board (PTAB) can be an effective way to advance prosecution and secure allowable claims.
United States
25 Mar 2015
17
Application Drafting Dangers Highlighted By Pacing Technologies v. Garmin International
The general rule is that a patent claim’s preamble does not limit the claim unless the preamble breathes life and meaning into the claim.
United States
10 Mar 2015
18
Prepare For The Japanese Patent Opposition System Coming Soon
The Japanese Patent Act was revised on May 14, 2014 to provide for post-grant oppositions within one year of the rule change.
Japan
23 Feb 2015
19
RCEs And The New USPTO Patent Term Adjustment Rules
On January 9, 2015, the Federal Register published final rules implementing changes to patent term adjustment in view of Novartis v. Lee, which the Federal Circuit decided last January.
United States
19 Jan 2015
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