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Oblon, McClelland, Maier & Neustadt, L.L.P
On January 21, 2022, the U.S. Court of Appeals for the Federal Circuit issued its opinion vacating and remanding the ITC's finding of a violation of section 337 in ...
Sheppard Mullin Richter & Hampton
On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the "DSMER Program"). We provide a brief overview of this program.
Morrison & Foerster LLP
The Federal Circuit was quite productive last week despite the holiday weekend. The Court issued a dozen non-precedential decisions, several precedential opinions, and a handful of Rule 36...
Mintz
Recently, the U.S. Patent and Trademark Office ("USPTO") published a notice informing the public that it will be implementing a pilot program (called the Deferred Subject Matter Eligibility Response Pilot Program...
Mintz
Earlier this month, in Novartis Pharms. Corp., Inc. v. Accord Healthcare, Inc., et al., No. 2021-1070, the Federal Circuit issued a helpful decision concerning the not-often-discussed written description requirement.
Jones Day
Generic drug makers often use "skinny labels" to carve out approved indications that are covered by an innovator's patents, and thus to avoid liability for inducing infringement.
Jeffer Mangels Butler & Mitchell LLP
Via Vadis, LLC and AC Technologies, S.A. ("Plaintiffs") are the owner and exclusive licensee, respectively, of U.S. Patent No. RE40,521 (the "'521 Patent"
Harris Beach
The Federal Circuit Court of Appeals reversed a decision of the U.S. Patent Trial and Appeal Board ("Board"), finding a patent on a method of disinfection obvious.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A California court exercised jurisdiction over a declaratory judgment action even though the defendant offered a covenant not to sue.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A party to a litigation in Texas violated a protective order by communicating confidential information.
Manatt, Phelps & Phillips LLP
In Minerva Surgical, Inc. v. Hologic, Inc., the Supreme Court held, in a 5–4 opinion, that the doctrine of assignor estoppel continues to apply, but only for an assignor's invalidity assertion that ...
Alston & Bird
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
Mintz
On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant's motion to exclude an expert's damages theory for violating the entire market value rule...
Jones Day
This blog has previously discussed PTAB's exercise of discretion under Section 325(d). Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d)...
Oblon, McClelland, Maier & Neustadt, L.L.P
On January 18, 2022, the ITC issued a Notice of Investigation in Certain Replacement Automotive Lamps (Inv. No. 337-TA-1291).
Seyfarth Shaw LLP
The ruling underscores the necessity that trade secrets are—in fact—kept actually secret.
Oblon, McClelland, Maier & Neustadt, L.L.P
On January 14, 2022, the ITC issued a Notice of Investigation in Certain Refrigerator Water Filtration Devices and Components Thereof .
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Amendments filed in response to an Ex Parte Quayle action are reviewed by technical support staff (TSS) at the USPTO.
Oblon, McClelland, Maier & Neustadt, L.L.P
On January 19, 2022, the ITC issued a Notice of Investigation in Certain Replacement Automotive Lamps II (Inv. No. 337-TA-1292).
Morrison & Foerster LLP
Morrison & Foerster and the Berkeley Center for Law & Technology (BCLT) have teamed up to present a recurring podcast addressing recent Federal Circuit decisions.
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