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By David Berry, Sangeeta G. Shah
The USPTO Patent Trial and Appeal Board recently designated three decisions as "informative" under the Board's procedures. Informative decisions are not binding authority ...
By John E. Nemazi, Rachel Smith
The USPTO Patent Trial and Appeal Board announced that it will continue to reject claims as indefinite under 35 U.S.C. § 112(b) when they contain words or phrases whose meaning is "unclear," ...
By Sangeeta G. Shah, John Rondini
On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision rejecting certain procedures adopted by the Patent Trial and Appeal Board (PTAB or Board)...
By Sangeeta G. Shah
In re Cray Inc., No. 2017-129 (Sept. 21, 2017). Under the court's ruling, the presence of a remote employee working from home in the district generally would not be sufficient to establish venue.
By Sangeeta G. Shah, Michael N MacCallum
A familiar strategy in inter partes ("IPR") review proceedings under the America Invents Act ("AIA") is for petitioners to file multiple petitions challenging claims in an issued patent...
By Bernard Tomsa, Isaac Slutsky
The U.S. Court of Appeals for the Federal Circuit reversed a district court ruling dismissing a patent infringement action on the ground that the asserted claims were not patent-eligible under Alice Corp. Pty...
By Thomas Lewry
The U.S. Court of Appeals for the Federal Circuit has held that an applicant for patent who pursues an appeal to the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. §145 must pay the USPTO's legal fees in defending the appeal...
By David Berry
On June 12, 2017, in its final patent-related decision of the October 2016 term, the U.S. Supreme Court issued a unanimous decision interpreting two disputed provisions in the Biologics Price Competition and Innovation Act of 2009, 42 U.S.C. § 262(l).
By Mark A. Cantor, Elizabeth Janda
The U.S. Supreme Court has held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), is unconstitutional as a violation of the First Amendment's protection of free speech.
By Alan Gocha
The Digital Millennium Copyright Act ("DMCA") grants Internet service providers and intermediaries (collectively "ISPs") a series of safe harbors that limit secondary liability for copyright infringement.
By Christopher C. Smith, David Randall
The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of Texas to transfer a patent infringement action...
By Frank Angileri, Sangeeta G. Shah
Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-712 (U.S. June 12, 2017).
By Erin K. Bowles, Andrew Turner
On May 22, 2017, the U.S. Supreme Court granted review in the first patent case accepted for the October 2017 term.
By Christopher C. Smith, David Berry
The U.S. Supreme Court has held that a patent owner's sale of a patented product exhausts its ability to bring infringement claims against the purchaser, or subsequent owners, of the product.
By Frank Angileri, Marc Lorelli
The U.S. Supreme Court has rejected the prevailing interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and held in an 8-0 decision that a domestic corporation defendant may be sued...