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Federal Circuit Rejects Google’s Bid To Shrink ITC Jurisdiction over Post-Importation Acts of Indirect Infringement
September 12, 2024 | Blog | By David H. Hollander, Matthew Karambelas, Michael Renaud, Adam Rizk
In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed.
Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility
July 25, 2024 | Blog | By Frank Gerratana, Terri Shieh-Newton, Qi Zhang
The United States Patent and Trademark Office (USPTO) has issued an important update to its guidance on patent subject matter eligibility.
Supreme Court Doesn’t Want to Play the Name Game: Prohibition Against Using a Person’s Name in a Registered Mark Without Consent Remains Constitutional
July 22, 2024 | Blog | By Laura Franco
This case is a victory for public figures and their control over their personal branding. Applicants for trademark registration must continue to get clearance before incurring the significant cost of registration when using a living person’s name. While this decision is likely to have minimal impact on most trademark filings, it does come as part of a larger trend of the Court’s willingness to address longstanding provisions of the Lanham Act. And should Justice Barrett’s prophesy come to pass, this may not be the last word on content-based, view-point neutral restrictions.
Assessing the Impact of Recent Supreme Court Decisions on ITC Practice – Less than Meets the Eye?
July 17, 2024 | Blog | By David H. Hollander, Matthew Karambelas, Michael Renaud, Adam Rizk
Late last month, the Supreme Court issued two opinions which seemingly shook up the field of administrative law. As explained in this article, however, while both decisions bear significantly on certain administrative agencies, neither of these decisions are likely to present significant changes to Section 337 practice at the International Trade Commission.
A Typo to Remember: Erroneous Patent Number in Terminal Disclaimer Destroys Exclusive Rights
June 14, 2024 | Blog | By Kevin Amendt, Andrew DeVoogd, Christina Sperry
On May 29, 2024, the Western District of Oklahoma in SIPCO, LLC v. JASCO Prods. Co. dismissed the plaintiff SIPCO’s patent infringement claims against defendant JASCO because of a minor typo made by the USPTO during prosecution.
France Has Entered the Chat: Sun Patent Trust Asks French Court to Determine Global FRAND Rate for LTE-Advanced SEPs
June 7, 2024 | Blog | By Michael Renaud, Matthew Galica
Last week, Sun Patent Trust sued Xiaomi in France for infringement of patents claimed to be essential to the LTE-Advanced standard. In its suit, Sun Patent Trust asked French courts to set a global FRAND rate—something that has never occurred before.
Is Your Blockchain Invention Patentable?
May 29, 2024 | Blog | By Frank Gerratana
Blockchain is becoming central to more FinTech patent portfolios than ever – but it’s harder to obtain protection on blockchain than most other technologies. The US Supreme Court’s decision in Alice v. CLS Bank (2014) strengthened limits on what subject matter is eligible for patent protection under 35. U.S.C. §101.
Just as "Shall" Means "Shall", "Stay" Means "Stay"
May 22, 2024 | Blog | By Matthew Hurley, Geoffrey Friedman, Simone Yhap
To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss the action or stay it pending the outcome of the arbitration?
Three Is (Not) A Magic Number: Damages Under the Discovery Rule
May 13, 2024 | Blog | By Laura Franco, Simone Yhap
Navigating AI Integration: USPTO's New Guidance for Patent and Trademark Practices
May 9, 2024 | Blog | By Terri Shieh-Newton, Frank Gerratana, Qi Zhang
The United States Patent and Trademark Office (USPTO) has issued a pivotal guidance document, effective April 11, on the use of Artificial Intelligence (AI) tools within patent and trademark practices.
In With the New? Not So Fast: The UPC’s First SEP Ruling Aligns With German Precedent
May 8, 2024 | Blog | By Michael Renaud, Andrew DeVoogd, Matthew Galica, James Thomson
To date, the Unified Patent Court (UPC) has not held a trial involving standard-essential patents (SEPs). However, the new forum’s Mannheim Local Division has now authored its first SEP-specific order in a case between Panasonic and Xiaomi.
The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two SEPs
May 1, 2024 | Blog | By Michael Renaud, Andrew DeVoogd, Matthew Galica, James Thomson
On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+ Communications.
Do Patent Claims to Methods of Treatment Cover In Vivo Transformations?
April 29, 2024 | Blog | By Lee Johnson, PhD, Thomas Wintner, Iris Cheung, PhD
Where an alleged infringer administers a substance A to a subject, and the substance is subsequently transformed to a therapeutic agent X inside the subject’s body, does the administration of the substance A constitute an act of infringement of a patent claiming a method of treatment by administration of the therapeutic agent X?
Federal Circuit Affirms Obviousness of Rifaximin Polymorph Patents and Denial of Motion to Modify Judgment After Post-Trial Patented Indication Carve Out
April 25, 2024 | Blog | By Joe Rutkowski, Peter Cuomo, Thomas Wintner, Adam Samansky, Alex Trimble, PhD
In a precedential opinion issued on April 11, 2024 in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., Nos. 22-2153, 23-1952, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s decision holding claims directed to polymorphic form “β” of rifaximin invalid as obvious.
A Continuation Application is an Implicit Admission of Obviousness-Type Double Patenting When Filed from a Parent Patent
March 19, 2024 | Blog | By Alex Trimble, PhD
Filing a continuation application from a parent patent is an implicit admission that obviousness-type double patenting (ODP) applies to the resulting continuation patent. A Terminal Disclaimer in the continuation patent over the parent patent is thus necessary to avoid the public policy concerns underlying ODP.
Practical Guidelines for Avoiding Patent Term Adjustment Penalty
March 1, 2024 | Blog | By Alex Trimble, PhD
Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction?
February 28, 2024 | Blog | By Daniel Weinger, Andrew DeVoogd, Courtney Herndon, Laura Petrasky
Implementers of standard essential patents (SEPs) continue to hold out in patent licensing discussions with SEP owners, including pursuing the cynical strategy of seeking anti-suit injunctions (ASIs).
Need Prior Art? Here’s How to Search the PTO Database of Patents Like a Patent Examiner
February 12, 2024 | Blog | By Andrew DeVoogd, Adam Banes
The United States Patent and Trademark Office (USPTO) released the web-based Patent Public Search tool ("PPS") in late 2021. This useful tool is comparable to the search tool that the PTO’s own examiner’s use to find prior art. That said, PPS has a real learning curve in developing effective search queries. In this article we offer a starting point in developing search queries that will return relevant results.
How Your Trade Secret Could Help to Defend Against Claims of Patent Infringement
February 1, 2024 | Blog | By Adam Samansky, Peter Cuomo, Nicholas Armington , Stephen Chen
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