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ITC Updates Its Rules of Practice and Procedure to Increase Speed and Efficiency

May 11, 2018 | Blog | By Aarti Shah, Daniel Weinger, Tiffany Knapp

On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both modernize and simplify Commission practice as well as to increase the speed and efficiency of investigations.

USPTO Proposes Claim Construction Rule Change from BRI to Phillips in AIA Review Proceedings

May 9, 2018 | Blog | By Michael Newman, Peter Cuomo, Patrick Driscoll

The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent Trial and Appeal Board (PTAB) proceedings under the America Invents Act (“AIA”).
The Federal Circuit recently overturned a decision estopping the plaintiff from pursuing its infringement claims in the United States District Court for the Eastern District of Arkansas, and clarified the effect of reexamination on equitable estoppel and laches.

Chat with the Chief on SAS Institute

May 4, 2018 | Blog | By Michael Renaud, Sandra Badin, Inna Dahlin

As we noted in our blog post last week, the USPTO held its “Chat with the Chief on SAS” webinar on April 30, 2018, to advise the public on the implications of the Supreme Court’s opinion in SAS Institute for practice before the Board going forward.
On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC.

Two Supreme Court Patent Opinions and a Memo from the PTO

April 27, 2018 | Blog | By Michael Renaud, James Wodarski, Sandra Badin, Chris Duerden, Anthony Faillaci

On Tuesday, the U.S. Supreme Court issued two important patent law opinions that relate to the inter partes review procedure introduced by the America Invents Act: Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, which upholds the constitutionality of inter partes review, and SAS Institute, Inc. v. Iancu, which requires the Patent Trial and Appeal Board to adjudicate the validity all patent claims challenged in a petition for inter partes review if the Board decides to adjudicate the validity of any claim challenged in that petition.

Federal Circuit Provides Guidance for Stereochemistry Claim Construction

April 25, 2018 | Blog | By Adam Samansky, Joe Rutkowski

On April 16, 2018 in a precedential opinion, the United States Court of Appeals for the Federal Circuit, Sumitomo Dainippon Pharma v. Emcure Pharms., Nos. 2017-1798, -1799, -1800, affirmed the United States District Court for the District of New Jersey by construing the claimed chemical structure diagram to encompass at least the specific enantiomer depicted, refusing to limit the claim to only cover a racemic mixture of the (+) and (–) enantiomers, absent clear indication that the depicted enantiomer should be excluded from the claim.

With Software Patents and Means-Plus-Function, “Structure” Takes On a New Meaning

April 17, 2018 | Blog | By Steven Jensen, Jonathon Western

Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm.  Because algorithms are inherently functional in nature, software patent claims are frequently written using functional, as opposed to structural, terms.

What is blockchain and how will it affect me?

April 11, 2018 | Blog | By Lisa Adams, Derek Constantine

The term “blockchain” is everywhere, and it is likely that you will interact with blockchain technology every day in the years to come.
The United States Patent and Trademark Office (USPTO) anticipates issuing the 10 millionth utility patent at some point during the summer 2018.

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

April 6, 2018 | Blog | By Michael Renaud, Nick Armington

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute.

WesternGeco v. ION Geophysical Corp. and Lost Profit Damages under § 271(f)

April 5, 2018 | Blog | By Adam Samansky, Alexander Roan

Section 271 of Title 35 of the United States Code is the statute that codifies unlawful acts of patent infringement.  The most commonly asserted provisions are § 271(a) (direct infringement), § 271(b) (induced infringement), and § 271(c) (contributory infringement).

Patent Damages: How Many Essential Features in a Smart Phone?

March 30, 2018 | Blog | By Michael Renaud, Andrew DeVoogd, Daniel Weinger

On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne’s March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released.

Doctrine of “Ancillary Venue” Does Not Trump TC Heartland

March 28, 2018 | Blog | By Andrew DeVoogd, Anthony Faillaci

Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent development from the Northern District of Illinois, the court granted counterclaim defendants’ motion to dismiss for improper venue.
The Court of Appeals for the Federal Circuit ruled in February that it was wrong for a judge to rule that a patent was ineligible under the Alice standard because there were underlying factual disputes that could not be resolved on summary judgement.

Automated Tracking Solutions, LLC v. The Coca-Cola Company

March 5, 2018 | Blog | By Stephen J. Akerley, Adrian Kwan

Automated Tracking Solutions, LLC, (“ATS”) appealed findings of invalidity for failing to claim patent-eligible subject matter by the United States District Court for the Northern District of Georgia.

Establishing Obviousness: A Fundamental Case of Evidence Over Arguments

March 1, 2018 | Blog | By Brad M Scheller, Lily Zhang

The Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review decision declaring various claims of patent owner Thales’ U.S. Patent No. 6,474,159 (“the ‘159 patent”) nonobvious.
Struggling to keep case law relating to subject matter eligibility organized?  In February 2018, the United States Patent and Trademark Office (USPTO) released an improved Eligibility Quick Reference Sheet, providing patent practitioners with a useful tool for analyzing claims in view of 35 U.S.C. § 101 subject matter eligibility requirements.
The U.S. Patent and Trademark Office (USPTO) is implementing eCommerce Modernization (eMod), as discussed at a USPTO Patent Quality Chat webinar on February 13, 2018.

Patent Exhaustion Defense Unavailable to Reseller after Impression Products

February 22, 2018 | Blog | By Christina Sperry, Alexander Roan

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, No. 4:17-cv-02905-JSW, recently denied a motion to dismiss a claim of patent infringement by holding that the patent exhaustion doctrine did not apply to a sale of a patented product that was outside the scope of the license granted by the patent owner. 
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