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Green Patent Blog: Clean Energy Patent Growth Index Shows Record High for 2011

The Heslin Rothenberg firm's Clean Energy Patent Growth Index (CEPGI) 2011 Year in Review was published earlier this month [April]. The 2011 roundup found that granted green patents were at an all time high of 2331 for last year, a rise of 450 patents

Published Wed, May 16 2012 6:14 AM by Eric L. Lane

Sunstein Kann Murphy & Timbers LLP: Federal Circuit Thumps Means-Plus-Function Computer Claims Again -- But Not Without Dissent

By Kerry Timbers , Co-chair of the Litigation Practice Group T he Federal Circuit has issued yet another ruling that looks at computer-based means-plus-function claims and finds them wanting. The message is unmistakable: Practitioners must adjust their

Published Tue, May 15 2012 10:54 PM by Sunstein Kann Murphy & Timbers LLP

Sunstein Kann Murphy & Timbers LLP: The Inventor’s Burden: Teach Your Best Mode Lest Your Patent be Invalidated

By Samuel J. Petuchowski , a member of our Patent Practice Group I n exchange for the multi-year monopoly that a patent confers, the inventor has to hold up his end of the bargain with the U.S. government: He must teach how his invention works. That way

Published Mon, May 14 2012 7:58 AM by Sunstein Kann Murphy & Timbers LLP

Green Patent Blog: Brazil is the First BRIC to Fall From the Anti-Green Patent Wall

Last week [Apr. 17th] we reported the launch of the Brazilian National Institute of Industrial Property's (INPI) pilot program to accelerate green patent applications. But there's a lot more to this story than meets the eye. Though INPI joins several

Published Thu, May 10 2012 10:08 AM by Eric L. Lane

Troutman Sanders LLP: District Judge O'Grady Dismisses Fraud, Interference and Antitrust Claims in Patent Suit

By Dabney Carr Erick Cherdak brought claims for patent infringement, patent interference under 35 U.S.C. 291 and antitrust violations against several defendants, including Apple and Nike, based on his patent for an "Athletic Shoe with Timing Device."

Published Thu, May 10 2012 11:03 AM by Troutman Sanders

PIUG conference--Final thoughts

The last day of the sessions at the 2012 Annual Meeting of the Patent Information Users Group (PIUG) featured great overviews of developments in competitive intelligence. Parthiban Srinivasan, the founder of Parthys Reverse Informatics, explained the

Published Tue, May 8 2012 9:08 PM by Valri Nesbit

PIUG Conference--Tuesday's blog

The Tuesday morning sessions at the 2012 Annual Meeting of the Patent Information Users Group (PIUG) focused on challenges, opportunities, and developments in patent analysis through visualization tools and developments in data dissemination by the patent

Published Wed, May 2 2012 4:20 PM by Valri Nesbit

PIUG conference--Monday update

The 2012 Annual Meeting of the Patent Information Users Group (PIUG) is taking place in beautiful Denver, Colorado! This year’s focus is “Best Practices in Analysis and Visualization of Patent Information”. A variety of presentations will be given by

Published Wed, May 2 2012 4:18 PM by Valri Nesbit

Sheppard Mullin Richter & Hampton LLP: Section viii Statements -- Still A Viable Route to Generic Approval Where the Application Is Not Claimed in an Orange Book Patent

By Nagendra Setty and Mark E. McGrath In its recent decision in AstraZeneca Pharmaceuticals LP v. Apotex Corp ., Nos. 2011-1182 - 2011-1190 (Fed. Cir. Feb. 9, 2012) (hereinafter the " AstraZeneca Decision") (Rader*, Bryson & Linn), the Federal Circuit

Published Tue, May 1 2012 1:07 PM by Sheppard, Mullin, Richter & Hampton LLP

Sunstein Kann Murphy & Timbers LLP: Overseas Infringement by A Government Contractor: Who, if Anyone, is Liable?

By Thomas Carey , Chair of our Business Practice Group Z oltek Corp. v. United States involved a federal contractor that had apparently infringed a U.S. process patent, engaging in one step of the process in the United States and the other overseas. The

Published Tue, May 1 2012 7:25 AM by Sunstein Kann Murphy & Timbers LLP

Sheppard Mullin Richter & Hampton LLP: Federal Circuit Extends ResQNet and Allows Discovery of Settlement Negotiations

By Ed Anderson , Martin Bader , and Matthew M. Mueller The Federal Circuit (Dyk*, Rader & Moore) recently weighed in on the long-disputed issue of privilege for settlement negotiations. On April 9, 2012, the Federal Circuit handed down its decision in

Published Fri, Apr 27 2012 9:44 AM by Sheppard, Mullin, Richter & Hampton LLP

Sunstein Kann Murphy & Timbers LLP: What Did They Know and When Did They Know It? Court Explains How to Distinguish an Inventor from a Pretender

By Meredith Ainbinder , a member of our Litigation Practice Group T he Federal Circuit's opinion in Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs . has something for everyone: hundreds of millions of dollars in damages, imposition of an ongoing

Published Fri, Apr 27 2012 9:39 AM by Sunstein Kann Murphy & Timbers LLP

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Clarifies Procedure for Nonobviousness Analysis

By Calista J. Mitchell In a decision dated April 16, 2012, the Court of Appeals for the Federal Circuit issued an important ruling on obviousness analyses in patent litigation. In In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation

Published Wed, Apr 25 2012 8:49 AM by Fitch, Even, Tabin & Flannery

Sunstein Kann Murphy & Timbers LLP: Pharmaceutical Companies Take Heed — Compulsory Patent License Is Awarded in India

By Thomas Carey and Nancy C. Wilker, Ph.D. As part of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), a signatory country can allow someone to produce a patented product or process without the patent owner's consent. The

Published Wed, Apr 25 2012 8:36 AM by Sunstein Kann Murphy & Timbers LLP

Patents Post-Grant: CAFC Probes Statutory Basis for Third Party Declaration Filings in Patent Reexamination

Can Declaration Evidence be Considered "Written Comments" Since the advent of inter partes patent reexamination (IPX), both Requesters and Patentees alike have relied upon declaration evidence to bolster their respective positions. Practically speaking

Published Wed, Apr 25 2012 7:24 AM by Scott A. McKeown