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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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By Joshua Goldberg, Daniel Klodowski, David Seastrunk
All post-grant proceedings at the USPTO start with the filing of a petition and progress through two general phases—a pre-institution phase and a post-institution phase.
By Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The U.S. District Court for the District of Colorado recently denied a manufacturer of ceramic medical products trade dress protection for the color pink for its ceramic hip-implant components.
By Thomas Irving, Amanda Murphy
The patent bar has been anticipating the arrival of post-grant reviews (PGRs) since the America Invents Act's passage in September 2011.
By Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On January 17, 2017, the Northern District of California enacted revisions to the Patent Local Rules which require the early disclosure of damages-related discovery and contentions.
By Elliot Cook
Some cybersecurity companies have doubts about whether their software-based inventions are patentable under U.S. law. Some of these doubts are reasonable, but many are not.
By Daniel Klodowski, Elliot Cook, David Seastrunk
Patent owners conceded 8 (1.02%) instituted claims through motions to amend or disclaimer.
By James Barney, Anthony Del Monaco
The biggest trade show of the year is just around the corner, and you can hardly wait to unveil your company's newest, most exciting, most innovative product yet.
By Kevin Spinella
Recently, the Patent Trial and Appeal Board ("PTAB") denied grounds in petitions under 35 U.S.C. § 325(d) because the prior art and arguments relied on in the petitions were substantially similar to those presented...
By Virginia Carron, Ashley Winkler
Since the enactment of the America Invents Act (AIA) in 2011, U.S. patent law has undergone a period of transition.
By Lionel Lavenue, David Seastrunk
Government contracts often require the contractor to indemnify the United States for damages related to a patent infringement suit.
By Jonathan Davies, Sanya Sukduang, Thomas Sullivan
On January 17, 2017, the U.S. Food and Drug Administration released a nonbinding draft Guidance for Industry, Considerations in Demonstrating Interchangeability With a Reference Product, for comment purposes.
By David Seastrunk, Daniel Klodowski, Elliot Cook
Through January 1, 2017, the Federal Circuit decided 155 PTAB appeals from IPRs and CBMs.
By Elliot Cook
Why are patents the single-most valuable asset for some companies, yet for others just a waste of money? Most often, the difference is driven by two distinct activities:
By Sanya Sukduang, Jonathan Davies, Thomas Sullivan
On January 12, 2017, the U.S. Food and Drug Administration ("FDA") released a final Guidance for Industry, Nonproprietary Naming of Biological Products...
By James Stein
The Federal Circuit has found that it may not review a PTAB determination that an IPR petition was timely-filed within 35 U.S.C. § 315(b)'s 1-year bar.
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