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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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By Susan Tull
Artificial intelligence (AI) is rapidly transforming the world of medicine, and the intellectual property directed to these inventions must keep pace.
By Christine Lehman
The International Trade Commission (ITC) is a critical forum for those seeking to protect their intellectual property rights, particularly patent claims, against unfair imports.
By Christopher McKinley
In Flexuspine, Inc. v. Globus Medical, Inc., the Federal Circuit affirmed a district court's decision denying motions to amend the judgment to include an invalidity determination.
By M. David Weingarten
The Federal Circuit affirmed-in-part and vacated-in-part the Board's IPR decisions finding certain claims of U.S. Patent Nos. 7,237,634 and 8,214,097, related to hybrid vehicle engine technology, obvious...
By C. Collette Corser
In Finjan, Inc. v. Blue Coat Systems, Inc., No. 2016-2520 (Fed. Cir. Jan. 10, 2018), the Federal Circuit reviewed Finjan's assertion of two patents related to methods for protecting against malware.
By Aaron Capron, Nicholas Petrella
The America Invents Act (AIA) ushered in new post grant procedures for challenging the validity of patents.
By Danny Awdeh
With the Winter Olympics here, many businesses are looking for ways to incorporate messaging related to the games into marketing, advertising and social media campaigns.
By Nicholas Doyle, Sydney Kestle
In In re Janssen Biotech, Inc., No. 2017-1257 (Fed. Cir. Jan. 23, 2018), the Federal Circuit declined to allow a patent owner to retroactively qualify for the safe-harbor provision of 35 U.S.C. § 121 ...
By Margaret Esquenet
In its February 1, 2018 decision in BMG Rights Management (US) LLC, et al. v. Cox Commc'ns et al., No. 16-1972 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit affirmed the denial of Cox Communication's eligibility for Digital Millennium Copyright Act ("DMCA") Safe Harbor protection.
By Pier DeRoo, Kara Specht
Petitioner Maxlinear filed two co-pending IPR proceedings against the '585 patent, each asserting different prior art. In one IPR proceeding, the PTAB invalidated the independent ...
By David Seastrunk, Daniel Klodowski, Elliot Cook
Through January 15, 2018, the Federal Circuit decided 296 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 219 (73.99%) cases ...
By Thomas Irving, Amanda Murphy, Stacey Lewis
An effective litigation tool available that may be available to an accused infringer is the defense of inequitable conduct, which seeks to ensure against fraudulent procurement of patents.
By David Seastrunk
In Arthrex v. Smith & Nephew, a split panel affirmed a PTAB decision entering an adverse judgment when a patent owner disclaimed all claims challenged in a IPR petition prior to institution.
By Shayda Shahbazi
On January 29, 2018, the Ninth Circuit vacated the district court's grant of summary judgment in favor of Whole Foods and remanded on the ground that disputed issues of material fact remained...
By Trenton Ward
2018 promises to be an important year for the Patent Trial and Appeal Board. Many in the patent bar will wait with bated breath for the U.S. Supreme Court to determine the future ...
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