Supreme Court Delivers Unanimous Decisions in Two Important Patent Cases: What Do This Week’s Limelight and Nautilus Decisions Mean for You?
June 6, 2014 | Alert | By Sandra Badin, Matt Durell
Earlier this week, the United States Supreme Court delivered unanimous opinions in two separate cases addressing questions of patent law, Limelight Networks v. Akamai Technologies (on induced infringement) and Nautilus v. Biosig Instruments (on indefiniteness).
May 13, 2014 | Blog | By Sandra Badin
Our colleagues in the Employment, Labor & Benefits practice are hosting a free webinar on May 28th about drafting effective non-compete agreements and other restrictive employment covenants.
May 7, 2014 | Blog | By Aarti Shah
On Monday, May 5, 2014, the Court of Appeals for the Federal Circuit, by transferring the Microsoft v. Motorola case to the Court of Appeals for the Ninth Circuit, issued an order which may significantly impact the ability of participants in standard-setting organizations (“SSOs”) to obtain relief for patent infringement.
May 6, 2014 | Blog | By Sandra Badin
On April 29, 2014, Senators Christopher Coons (D-Del.) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the Defend Trade Secrets Act (S. 2267), a proposed amendment to the Economic Espionage Act of 1996, which made trade secret theft a federal crime.
April 9, 2014 | Blog | By Jacqueline Ireland
Lack of clarity is not a ground for opposition before the EPO, but can be raised against amendments filed during the opposition proceedings. In accordance with Article 101(3) EPC, any amendments made to a granted patent during opposition proceedings must meet the requirements of the European Patent Convention.
How Will ITC Confirmation That It Has Jurisdiction Over Digital Imports Impact Software and Media Industries?
April 4, 2014 | Blog
The International Trade Commission (ITC) issued its much-awaited decision in Certain Digital Models on April 3, 2014, affirming in a decision with important implications for the software and media industries that digital importation is within the jurisdiction of the Commission.
March 17, 2014 | Blog | By Paul Davis
On March 10, 2014, Sonos announced it would forward-publish its patent applications before they would traditionally be available to the public. This has given rise to quite a bit of discussion in patent legal circles.
March 7, 2014 | Blog | By Muriel M. Liberto, PhD, Esq.
On March 4, 2014, the U.S. Patent and Trademark Office (“USPTO”) issued a memorandum to the Patent Examining Corps with guidance for determining the patent eligibility of claims relating to products of nature and laws of nature (“the Guidance”) in view of the U.S. Supreme Court decisions in Assoc. for Molecular Pathology v. Myriad Genetics (“Myriad”) and Mayo Collaborative Services v. Prometheus Laboratories, Inc. (“Prometheus”).
February 7, 2014 | Blog | By Christina Stock
Recently, the Federal Circuit issued a decision in Novartis v. Lee (2013-1160, Fed. Cir., Jan. 15, 2014) which alters Patent Term Adjustment (PTA) calculations for patents where a Request for Continued Examination (RCE) was filed during prosecution.
January 10, 2014 | Blog | By David Wraige
In October 2013, we reported that the EPO had removed the time limits for filing divisional applications. An outstanding detail at that time was the level of the fees that would be levied for filing second or any subsequent generation divisional applications.
December 30, 2013 | Blog | By Julian Crump
The Patent Prosecution Highway (PPH) gives applicants the opportunity to accelerate the examination of their patent applications in multiple countries once they have received a favourable report in one country.
December 4, 2013 | Blog | By Robert Moore
Recent years have seen a surge in the number of investigations before the United States International Trade Commission (ITC), owing to the promise of speedy resolution combined with the leverage that accompanies the threat of an exclusion order.
October 30, 2013 | Advisory
The EPO has announced rule changes that will provide applicants with the option to have additional searches carried out during the European regional phase of Euro-PCT applications.
October 28, 2013 | Blog | By Alison V. Haile
The European Patent Office (EPO) has announced rule changes that will provide applicants with the option to have additional searches carried out during the European regional phase of Euro-Patent Cooperation Treaty (PCT) applications.
October 22, 2013 | Blog | By David Wraige
News broke last week that the European Patent Office's (EPO) Administrative Council has decided to remove the time limits for filing divisional applications. As of 1 April 2014, applicants will be able to file divisional applications at any time whilst an application is pending at the EPO.
October 21, 2013 | Alert
The EPO’s Administrative Council has decided to reverse the changes made in 2010 to the rules for filing divisional applications. These changes introduced a 24-month time limit within which divisional applications had to be filed.
October 21, 2013 | Advisory
The CLS Bank case (CLS Bank Int’l v. Alice Corp. Pty. Ltd., 2011-1301) decision issued by the Court of Appeals for the Federal Circuit highlighted the difficulty that those working in the field of software patents in the US are having in deciding what constitutes patent eligible subject-matter (discussed in a prior Mintz Levin advisory).
August 16, 2013 | Advisory
Since 16 March 2013 the America Invents Act (AIA) has expanded what constitutes prior art. The run-up to this law change date saw a spike in new patent applications filed with the United States Patent and Trademark Office (USPTO) from applicants wanting to take advantage of the pre-existing first-to-invent rules.
July 3, 2013 | Alert | By Robert Moore, Michael Renaud, Courtney Quish, James Wodarski
On June 24, 2013, the International Trade Commission (“ITC”) announced a pilot program for early adjudication of potentially-dispositive issues in investigations.
June 13, 2013 | Alert | By Matthew Pavao, Ivor Elrifi, Rich Gervase
On June 13, 2013 in a much-anticipated decision, the U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. __ (2013) unanimously held that claims for isolated DNA sequences are not patent eligible subject matter under 35 U.S.C. §101, but that claims for complementary DNA (cDNA) sequences are patent eligible subject matter.
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