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...
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...
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...
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...
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...
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...
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...
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...
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...
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,
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
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 U.S. Supreme Court agreed Friday to weigh in on a dispute of "core practical importance to agriculture and of vital interest in patent law," according to a petition for certiorari ( Vernon Hugh Bowman v. Monsanto Co. ...
1. Kappos v. Hyatt, No. 10-1219,
SUPREME COURT OF THE UNITED STATES, 132 S. Ct. 1690; 2012 U.S. LEXIS 3107; 23
Fla. L. Weekly Fed. S 275, January 9, 2012, Argued, April 18, 2012,
Decided, The LEXIS pagination of this
document is subject to change...
1. GE v. ITC, 2010-1223, UNITED
STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 4118,
February 29, 2012, Decided [ enhanced version available to lexis.com subscribers ]
International Trade Commission (ITC) could...