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Searching Content indexed under Intellectual Property by Ropes & Gray LLP ordered by Published Date Descending.
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1
Licensors Attempt To Leverage NDAs To Avert PTAB Review
As discussed a few weeks back, licensors have begun to seek cover from the PTAB via forum selection clauses in their licensing agreements.
United States
11 Jul 2019
2
SCOTUS Review Of PTAB Appeal Bar Unlikely To Change 315(b) Time Bar Realities
The SCOTUS has shown an affinity for disputes of the Patent Trial & Appeal Board (PTAB). Today, the Court took up its 5th PTAB dispute in three years granting cert in Dex Media Inc.
United States
8 Jul 2019
3
CAFC Endorses PTAB Practice Of Accepting Late RPI Designations
Back in April I discussed the Patent Trial & Appeal Board's (PTAB) evolving position that an updated RPI designation did not require a resetting of the petition filing date.
United States
5 Jul 2019
4
PTAB Distinguishes 101 Exceptions Under New Guidelines
The Patent Trial & Appeal Board (PTAB) issued new informative decisions this week applying its 101 Guidelines.
United States
4 Jul 2019
5
Bio/Pharma To Face Second Double Patenting Hurdle?
It was easy to miss last week's introduction of a new patent reform bill on the House side entitled: "Terminating the Extension of Rights Misappropriated Act of 2019"
United States
3 Jul 2019
6
Podcast: IP(DC): Patent Battles – New Patent Initiatives On The Hill & Notable CAFC/SCOTUS Decisions
Matt and Scott also discuss the recently proposed Term Act, which seeks to limit patent term for some Bio/Pharma patents as well as notable decisions of the Federal Circuit and SCOTUS.
United States
2 Jul 2019
7
Broadening Reissue Patents Have Limits
As provided by 35 U.S.C. § 251, Patent Reissue is a mechanism by which a Patent Owner may correct an error in an issued patent
United States
1 Jul 2019
8
Federal Circuit Confirms That State Sovereign Immunity, Like Tribal Immunity, Cannot Shield Patents From AIA Patent Challenges
On June 14 the Federal Circuit further clarified that sovereign immunity cannot be used to shield a patent from having its validity challenged in inter partes review proceedings at the Patent Trial
United States
1 Jul 2019
9
Trending Video: U.S. International Trade Commission (Video)
Matt Rizzolo, Ropes & Gray IP litigation partner, examines the various operations of the U.S. International Trade Commission (USITC) in an increasingly global world.
United States
1 Jul 2019
10
Post-Filing Conduct Impacts PTAB RPI/Privity Determinations
Interactions During Preliminary Proceeding Can Doom PTAB Filing
United States
25 Jun 2019
11
Supreme Court Holds That The Government Is Not A "Person" With Standing To Bring AIA Post-Grant Patent Challenges
The America Invents Act of 2011 (AIA) created three new post-grant patent review proceedings, generally making them available to any "person" who is not the patent owner
United States
21 Jun 2019
12
Post-Grant Buzz – Summer 2019
There have been a number of developments in the courts, at the USPTO, and on the legislative side over the past few months.
United States
19 Jun 2019
13
Preparing For 101 Change: Preserving Future Arguments
With the Senate conducting marathon hearings on the subject of patentable subject matter this week (i.e., 35 U.S.C. § 101),
United States
19 Jun 2019
14
Continental Automotive v. Avanci: Wireless SEP Licensing Presents Challenges For Automotive Industry
As new devices become wirelessly connected, the importance of fairly licensing cellular standard essential patents (SEPs) has become increasingly important.
United States
19 Jun 2019
15
Senate 101 Hearings Stacked In Favor Of Reform
The Senate Judiciary Committee will conduct back-to-back hearings next Tuesday and Wednesday entitled "The State of Patent Eligibility in America
United States
14 Jun 2019
16
Congress Moves To Expand Patentable Subject Matter & Contract Functional Claim Scope
On May 22, 2019, a bipartisan group from the House and Senate released a draft framework reforming Sections 101 and 112 of the Patent Act (here).
United States
7 Jun 2019
17
101 Legislative Proposal Includes Provision To Narrow Functional Claims
Since Wednesday's release of a proposed 101 framework, some have mistakenly dismissed its legislative viability as failing to account for the interests of Big Tech — nothing could be further from the truth.
United States
7 Jun 2019
18
Qualcomm's "No License, No Chips" Program Violates Antitrust Laws
On May 21, 2019, following a full trial on the merits, Judge Koh of the Northern District of California issued a 233-page opinion in a closely watched case between the Federal Trade Commission ("FTC")
United States
6 Jun 2019
19
PTAB Begins To Deny Pile-On Petitions From Same Petitioner
Last month, the Patent Trial & Appeal Board (PTAB) issued an Order explaining that maintaining multiple, concurrent proceedings per patent presents a significant burden for the Board.
United States
6 Jun 2019
20
Congress Floats Draft Bill Outlining New 101 Framework
As previously discussed, Congress is poised to revise the law of patent eligibility under 35 U.S.C. § 101.
United States
6 Jun 2019
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