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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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By Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A claim listing is required when there is a change to an existing claim, cancellation of an existing claim or addition of a new claim and that listing must include a complete listing of all claims ever presented.
By John Paul, Brian Kacedon, Cecilia Sanabria, Alexander Poonai
The patent statute safe harbor provision prevents liability for mere clinical testing. So a defendant may challenge a patent owner's choice of venue for litigation if the acts ...
By John Paul, Brian Kacedon, Cecilia Sanabria
Extrinsic evidence regarding the negotiations surrounding an agreement may be relevant to determining the scope and meaning of the provisions, including whether a third party has standing to enforce the agreement ...
By Gerson Panitch, Paula E. Miller
Particularly in the life sciences arena, there is a tendency to reveal innovations and publish findings as soon as possible.
By Kathryn R. Judson
On May 9, 2018, FDA issued draft guidance on Uncomplicated Urinary Tract Infections (uUTIs): Developing Drugs for Treatment. The guidance addresses the clinical development of drugs...
By Andrew Q. Leba
On March 14, 2018, FDA issued draft guidance on Pediatric HIV Infection: Drug Development for Treatment. The draft guidance provides general guidance on the development of drug products ...
By John Paul, Brian Kacedon, Robert MacKichan III
A California court recently held that a forum selection clause of a license agreement was effective in preventing the licensee from challenging the validity of the licensed patents through inter partes review proceedings at the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office and ordered the licensee to move to dismiss the proceedings.
By Samuel V. Eichner
In Great Minds v. Fedex Office & Print Servs., Inc., 886 F.3d 91 (2d Cir. 2018), the U.S. Court of Appeals for the Second Circuit considered whether Defendant's reproduction of educational ...
By Samuel V. Eichner
The U.S. Court of Appeals for the Federal Circuit considered whether Google's copying of Oracle's Java API for integration into its Android smartphone platform was fair use.
By David Seastrunk, Daniel Klodowski, Elliot Cook
Through April 15, 2018, the Federal Circuit decided 346 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 260 (75.14%) cases ...
By Shrey Pathak
Once a patent is granted by the European Patent Office (EPO), it becomes a bundle of national patents. As a result when looking to amend a European patent ...
By Clare Cornell
Three-dimensional shape trademarks are the most commonly sought non-traditional registrations at the European Intellectual Property Office (EUIPO).
By Susan Tull
The past year has seen a surge in innovation in the medical and life science fields
By Erika Harmon Arner, Jon T. Self, Luke H MacDonald
In November the U.S. Supreme Court heard oral argument in Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, oral argument held, 2017 WL 5680363 (U.S. Nov. 27, 2017).
By Christopher McKinley
In John Bean Techs. Corp. v. Morris & Assoc., Inc., No. 17-1502 (Fed. Cir. April 19, 2018), the Federal Circuit reversed a district court's grant of summary judgment dismissing an infringement...
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