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By Susan Frohling, David Fleming
The maker of "My Other Bag" tote bags received its hoped-for holiday gift in late December when the Second Circuit affirmed the district court's earlier grant of a summary judgment...
By William Carroll, Heidi Dare
Discovery of the revolutionary gene editing technology called CRISPR touched off a battle between the University of California (UC) and the Broad Institute (Broad) over control of the associated patent rights.
By Lyle Vander Schaaf
As part of its annual "Special 301" identification and review of countries that deny adequate and effective protection of IP rights or deny fair and equitable market access to U.S. persons...
By Trevor Copeland, Craig Buschmann
The Supreme Court has agreed to review the Federal Circuit's decision in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990), which grants patent plaintiffs...
By Jason Schigelone
Under 37 C.F.R. § 42.12(a), the PTAB may impose sanctions against a party for "misconduct," including "[f]ailure to comply with an applicable rule or order in the proceeding,"...
By Nicholas J. Angelocci, Scott Brim
In Unwired Planet, LLC v. Google Inc., the Federal Circuit recently held that the PTAB definition of a CBM was inconsistent with the statutory language of the America Invents Act (AIA).
By David Bernard, William Carroll, James A. Collins
The Supreme Court remanded the case to the Federal Circuit for further proceedings consistent with its opinion. - See more at:
By John Bacoch, William R. Boudreaux
The Supreme Court's opinion will address these two points and could impact long-standing precedent.
By William Frankel, Emily Kappers
First, all first-time agent designations now must be made through the electronic DMCA registration system.
By Joshua James
On November 15, 2016, in Global Tel*Link Corp. v. Securus Techs., Inc. the PTAB sua sponte reconsidered institution and terminated the CBM review nearly one year after the review was instituted.
By Ilhwan (Scott) Yoo, James Cleland
In its recent In re: Nuvasive, Inc. decision, the Federal Circuit on November 9, 2016 found that the PTAB in an inter partes review proceeding violated a patentee's rights under the APA.
By Jafon Fearson
In In Re: Warsaw Orthopedic, Inc., the Federal Circuit reiterated that its function is not to "reweigh facts already considered by the PTAB"...
By Miyoung Shin
The Federal Circuit granted Aqua Product Inc.'s en banc rehearing request on August 12, 2016. In its order granting rehearing, the Federal Circuit requested the parties to address the following questions...
By Allen Baum, Sen (Alex) Wang
On October 28, 2016, the United States Patent and Trademark Office ("PTO") again proposed revisions to the materiality standard for the duty to disclose information in patent applications and reexamination proceedings.
By Daniel Parrish, Kyle Yarberry
In fact, the Corning Federal Circuit decision appears to be the first time the court reversed the PTAB for its treatment of the preamble.