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Oblon, McClelland, Maier & Neustadt, L.L.P
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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.
By Philippe Signore
Oblon recently received a letter from the USPTO's Office of the Commissioner for Patents in response to our request that the USPTO revise rules requiring disclosure of information ...
By Philippe Signore
Oblon recently requested that the United States Patent and Trademark Office (USPTO) revise rules that require disclosure of information relating an inventor's residential address.
By Eric Schweibenz
On May 4, 2017, the U.S. International Trade Commission issued a notice of Final Determination on violation of Section 337 in Certain Network Devices, Related Software, and Components Thereof (II)...