11th Amendment Immunity from DJ Action Does Not Extend to USPTO
State university technology transfer programs enjoy immunity from declaratory judgment (DJ) actions of patent invalidity/non-infringement. This is because state entities qualify for 11th...
for Rehearing May Backfire on Patentees
As detailed earlier this week, a patentee's decision to
file a preliminary response in an IPR/CBM preliminary proceeding is not
as straightforward as one would expect . Where such a preliminary...
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...
Business executives routinely wrestle with whether to defend a patent infringement suit in court, settle the dispute for less than the cost/risk of defending it (especially in the case of patent "troll" suits), or seek the help of the USPTO...
A previous post reported on GE's patent infringement suit
asserting several patents relating to LED string light engine structures and
In a recent
decision the U.S. District Court for the Northern District...
By Isabelle Blundell , a member of our Life Sciences Practice Group
E ver since the Hatch-Waxman Act became law in 1984, generic-drug manufacturers have had increasing success in lowering barriers to entry in the marketplace. The Act created a streamlined...
Failure to Consider AIA Patentability
Challenges May Be Costly Mistake for Law Firms
The face of patent litigation in the U.S. was forever
changed on September 16, 2012. This was the date the post grant
patentability trials of the America Invent's...
DuPont Tate & Lyle BioProducts (DPTL) is a
joint venture between DuPont and Tate & Lyle which provides natural and
renewably sourced industrial materials. In collaboration with Climalife , DPTL
has developed and launched a new line of heat...
Stay Calculus to Encourage Multi-Defendant
As the new patentability trials of the America Invents
Act (AIA) have only been available for 7 months, their impact is only now
beginning to be felt in the district courts. The new USPTO Patent...
On March 25, 2013, the U.S. Patent and Trademark Office
(USPTO) published a rule to implement the changes to the inter partes review
procedures that were signed into law on January 14, 2013. The new rule
On April 1, 2013, the USPTO published an "interim final
rule" relating to Patent Term Adjustment (PTA), to implement changes to the PTA
statute embodied in the AIA Technical Corrections Act. Although the rule
changes have an immediate effective...
By Daniel H. Sherr
This article is an introduction to the exciting and evolving area of patent transactions. To put things in a broad general perspective, patent transactions are essentially a hybrid of engineering, law, and good old-fashioned business...
2013 Annual Meeting of the Patent Information Users Group (PIUG) is taking
place April 27 through May 2 in lovely Alexandria, Virginia. The
PIUG is a not-for-profit organization that supports professional, scientific
and technical development in patent...
Senator Schumer Readies Second Round of Patent
Although many of the more significant changes to U.S.
patent law provided by the America Invents Act (AIA) are only months old,
Congress is already considering a re-calibration of these changes...
Advantage Found in IPR Timing
The primary business distinctions between the USPTO
Patent Trial & Appeal Board (PTAB) proceedings and traditional court based
patent invalidity proceedings are the vast improvements in cost,
The Heslin Rothenberg firm's Clean
Energy Patent Growth Index (CEPGI) 2012 Year in Review was
published earlier this month. Always an interesting read, the CEPGI is a quarterly
publication that tracks grants of U.S. patents directed to clean energy...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 15 appeared
skeptical of claims that native DNA is patentable during oral arguments in a
case closely watched by the medical community and biotech industry ( The
Association for Molecular...
April 1, 2013, Deputy Commissioner Faile sent an email
message to all U. S. Patent and Trademark Office (USPTO) patent examiners
regarding a Memorandum
of Understanding (MOU) between the Patent Office Professional...
n Dawson v. Dawson
[ an enhanced version of this opinion is available to lexis.com
subscribers ], the Federal Circuit considered an unusual case with a
question that often arises in interferences: when did the inventor invent the
subject matter at...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 17 ruled 5-3 that reverse-payment settlements of patent litigation between
the holder of a drug patent and potential generic manufacturers of the drug are
not necessarily immunized from...
PTAB Selective on Trial Grounds
Having now completed the multi-city tour for the
Practicing Law Institute's USPTO Post Grant Patent Trials 2013 (on demand
program here ),
I am still struck by the degree of doom and gloom expressed by the patent...
As previously reported, yesterday the U. S. Supreme Court
issued an opinion clarifying the doctrine of patent exhaustion. In Bowman
v. Monsanto Co. (lexis.com subscribers may access Supreme Court briefs and an enhanced version of the opinion for this...
In Bowman v. Monsanto, the
Supreme Court found patent exhaustion does not permit a farmer to reproduce
patented seeds for planting and harvesting without the patent holder's
permission. This decision highlights the similarity between impermissibly...
In a much-anticipated decision,
the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment
settlements of Hatch-Waxman Act litigation are neither immune from antitrust
liability nor presumptively unlawful, but rather must be analyzed under the...
WASHINGTON, D.C. - The question of the best forum - state or federal court - for legal malpractice claims stemming from underlying patent litigation will be addressed by the U.S. Supreme Court, which granted certiorari on Oct. 5 (Jerry W. Gunn v. Vernon...