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Searching Content indexed under Intellectual Property by Morgan Lewis ordered by Published Date Descending.
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1
Pennsylvania Court's Downs Racing Decision Deals Blow To Broad Application Of Sales And Use Tax Statutes
Royalties and licensing fees from intellectual property used in the operation of tangible property in Pennsylvania are not subject to sales and use tax. Intellectual property is something separate, and is not merely an ancillary or incidental part of taxable tangible property.
United States
17 Dec 2018
2
Federal Circuit: Estoppel Applies Even If Infringement Complaint Is Dismissed Without Prejudice
The US Court of Appeals for the Federal Circuit recently held en banc that the one-year time bar under 35 USC § 315(b) applies even when a properly served infringement complaint is dismissed without prejudice, thus barring the defendant from filing an inter partes review petition after the one-year period elapses.
United States
29 Aug 2018
3
Federal Circuit Weighs In On Prosecution History Estoppel Applied To Design Patents
Applicants should consider how including multiple embodiments in a design patent application may later impact the scope of protection.
United States
13 Aug 2018
4
District Of Massachusetts Adds Certainty To Local Patent Rules
The amendments constitute a significant overhaul to the District of Massachusetts patent rules, first adopted nearly 10 years ago.
United States
4 Jun 2018
5
US Supreme Court Strikes Down Partial Institutions In IPRs
The ruling in SAS Institute v. Iancu, which requires final written decisions on all or none of the challenged claims, will lead petitioners to carefully consider their strategy on which claims to challenge...
United States
3 May 2018
6
PTAB Declines To Vacate Final Written Decision In Inter Parties Review Despite Settlement
Settling an inter partes review after a final written decision by the Patent Trial and Appeal Board may not result in the PTAB vacating the decision.
United States
20 Apr 2018
7
Federal Circuit Holds Vanda's Method Of Treatment Claims Pass Mayo/Alice's Step One
In a much-anticipated decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Ltd., the US Court of Appeals for the Federal Circuit on April 13 affirmed the district...
United States
19 Apr 2018
8
Federal Circuit Holds Vanda's Method Of Treatment Claims Pass Mayo/Alice's Step One
In a much-anticipated decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Ltd., the US Court of Appeals for the Federal Circuit on April 13...
United States
18 Apr 2018
9
Federal Circuit Reverses Rule 12(b)(6) Dismissal On Section 101 Grounds Due To Factual Allegations
The decision of the US Court of Appeals for the Federal Circuit in Aatrix Software, Inc. v. Green Shades Software, Inc. clarified that although Section 101 of the US Patent Act is ultimately a question of law, it may involve subsidiary fact questions that may preclude a Section 101 decision at the pleadings stage.
United States
26 Feb 2018
10
Federal Circuit Lifts Bar On Judicial Review Of PTAB Time-Bar Determinations
The Federal Circuit recently reversed course and expanded judicial review of PTAB institution decisions to include time-bar determinations...
United States
12 Jan 2018
11
Amgen Moves To Dismiss Genentech's Misrepresentation Claim
Amgen paints a different picture as to the bad actor during the parties' negotiations pursuant to the Biologics Price Competition and Innovation Act.
United States
10 Jan 2018
12
US Copyright Office Requires Reregistration Of DMCA Agents By December 31, 2017
Retailers that allow website users to generate and post content on their websites are required to reregister their Digital Millennium Copyright Act (DMCA) agents with the US Copyright Office...
United States
21 Dec 2017
13
Don't Lose Your DMCA Safe Harbor For Copyright Infringement Claims
The December 31, 2017 deadline for online service providers to reregister designated agents under the Digital Millennium Copyright Act (DMCA) in the US Copyright Office's new online directory is fast approaching.
United States
13 Dec 2017
14
Federal Circuit Holds TC Heartland Is An Intervening Change In The Law
The court offers clarification on a patent litigation venue issue that has caused "widespread disagreement" nationwide.
United States
22 Nov 2017
15
Rare Grant Of Request For Rehearing In Biologics-Related IPR
The PTAB rarely grants such requests—the grant rate has ranged from just 1.5% to 3.6% of requests over the last four years.
United States
15 Nov 2017
16
Federal Circuit OK's Use Of Post-Priority-Date Evidence
The US Court of Appeals for the Federal Circuit issued its opinion on October 5 in Amgen Inc. v. Sanofi, Case No. 2017-1480...
United States
16 Oct 2017
17
In IPRs, Petitioner Must Show Claim Amendments Unpatentable
A recent Federal Circuit ruling shifts the burden to petitioners, which will likely lead to patent owners filing more motions to amend.
United States
16 Oct 2017
18
PTAB Warns Petitioners That Follow-On Petitions Will Face Additional Scrutiny
A recent expanded panel decision, which lists factors the PTAB will use in exercising its discretion to institute serial IPR petitions, is afforded an "informative" designation.
United States
5 Oct 2017
19
Federal Circuit Clarifies Venue Law In The Wake Of TC Heartland
In May, the US Supreme Court issued its landmark TC Heartland decision, which held that, for purposes of the patent venue statute of 28 U.S.C. § 1400(b), a corporation "resides" in its state of incorporation.
United States
28 Sep 2017
20
Delaware Chief Judge Issues Guidelines For Venue In Patent Cases
The court finds that some physical presence is required to satisfy the venue standard.
United States
25 Sep 2017
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