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Oblon, McClelland, Maier & Neustadt, L.L.P
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By Philippe Signore
Fourteen years ago, while discussing 35 USC 271(f) and related court precedents, I wrote that "a patentee can rely on its U.S. patent to seek damages for sales outside the U.S."
By Teddy S. Gron
However, other former APJs must be asking themselves, "Who's Kidding Who?"
By W. Todd Baker
As reported in the decision, Medtronic distributed a video demonstration and a related slide presentation to spinal surgeons at various industry meetings and conferences in 2003.
By Tia D. Fenton
On May 14, 2018, in Anacor v. Iancu, the Federal Circuit issued its opinion affirming the Board's invalidation of Anacor's tavaborole patent. The patent-in-suit, U.S. Patent No. 7,582,621 ...
By Jacob A. Doughty
In the recent AIDS Healthcare Foundation v. Gilead opinion, the Federal Circuit considered whether AHF's desire to "‘clear out the invalid patents' so that it ‘would have the ability ...
By Richard Kelly
The PTAB in the past year has loosened rules governing IPR practice. In most cases the changes have been good for the process.
By Philippe Signore
Defending against an obviousness attack at the PTAB or rejection by a USPTO examiner can be tricky. The Supreme Court in KSR v. Teleflex (2007) ...
By J. Derek Mason
Three years after a previous legal battle between Sequenom and Ariosa ended in a difficult loss for Sequenom (in what some commentators have characterized as a misapplication ...
By Marina I. Miller
In Ex Parte Bandic, the PTAB ("the Board") has given an insight into how the Office intends to examine patent eligibility under the two-step Alice test ...
By W. Todd Baker, Marc K. Weinstein
This past week the USPTO designated a new informative order (here) providing guidance on motions to amend.
By Charles L. Gholz
In the days immediately following SAS Institute Inc.v. Iancu, 138 S. Ct. 1348, 200 L. Ed. 2d 695, 126 U.S.P.Q.2d 1307, 86 U.S.L.W. 4252 (2018) ...
By Philippe Signore
Almost 16 years ago, we wrote an article in Managing Intellectual Property (Nov. 2002, Issue 124) entitled U.S. DESIGN PATENTS: AN UNDERDOG THAT BITES.
By Philippe Signore, Alexander B. Englehart
As we discussed last year, the U.S. Supreme Court's decision in TC Heartland LLC v. Kraft Food Grp. Brands LLC, 137 S. Ct. 1514 (2017) significantly limited where patent infringement actions...
By Vincent K. Shier
New USPTO Director Andrei Iancu provided the Intellectual Property Track plenary lecture at the 2018 BIO International Convention last week.
By Matthew E. Barnet
In the recent UCB v. Accord opinion, a panel of the Federal Circuit drew a distinction between (i) the enablement of a patentee's claims, and (ii) a reasonable expectation of success in an obviousness analysis.