Searching Content indexed under Patent by Steptoe & Johnson LLP ordered by Published Date Descending.
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Supreme Court Limits Forum Shopping In TC Heartland
The Supreme Court has rejected a Federal Circuit rule that effectively allowed a patent owner to file suit anywhere a defendant does business.
United States
20 Jun 2017
AIA Post-Grant Proceedings: All Is Not Lost For Patent Owner After The First Written Decision In An IPR Favoring Petitioner
Although the first written decision by the Patent Trial and Appeals Board (PTAB) cancelled claims 10, 14, and 17 of US Patent No. 6,778,074 (the ’074 patent) and denied Patent Owner’s (Cuozzo’s) Motion to Amend Claims in its first written decision, the first inter partes review (IPR) was not a total loss for the patent owner.
United States
6 Jan 2014
AIA Post-Grant Proceedings: Parties Seeking Stay Of A District Court Case Pending An Ipr Should Be Prepared To Be Estopped Even If They Are Not The Party Who Filed The IPR Petition
A party seeking to stay a District Court litigation pending an inter partes review (IPR) that the party did not file should consider joining the IPR at the Patent Trial and Appeal Board (PTAB) or seek to limit any estoppel to art that was actually raised during the IPR.
United States
24 Dec 2013
The ITC Takes An Expansive Approach As To US Subcontracted Components Used In Foreign-Assembled Products For Purposes Of The Domestic Industry Analysis
In Certain Kinesiotherapy Devices and Components Thereof, Inv. No. 337-TA-823, the International Trade Commission (ITC) reaffirmed the principle that a complainant’s reliance on purchased U.S. components promotes manufacturing in the United States by the subcontractor as if the complainant itself were producing the components.
United States
23 Dec 2013
AIA Post-Grant Proceedings: Joint Motion To Terminate May Not Stop The Board From Proceeding To A Final Written Decision
Because the Board is not a party to a settlement agreement, parties seeking to terminate a post-grant proceeding pursuant to a settlement agreement should attempt to resolve the matter prior to completion of the briefing to avoid a final written decision from Patent Trial and Appeals Board (the Board).
United States
26 Nov 2013
AIA Post-Grant Proceedings: Reexamination Does Not Reset The One-Year Deadline For Filing An Inter Partes Review
In proceedings IPR2013-00315 and IPR2013-00316, both captioned BioDelivery Sciences Int’l, Inc. v. MonoSol Rx LLC, the Patent Trial and Appeals Board (PTAB) addressed the question of whether a reexamination certificate reset the one-year deadline for filing a petition for inter partes review (IPR) triggered by the filing of a complaint under 35 U.S.C. § 315(b).
United States
18 Nov 2013
AIA Post-Grant Proceedings: The PTAB Draws A Hard Line Limiting Oral Argument And Demonstratives At The Final Oral Hearing
With strict page limits in AIA post-grant proceedings making it difficult for parties to fully explain their arguments, parties are often required to economize their words.
United States
15 Nov 2013
AIA Post-Grant Proceedings: Uncertainty Regarding The Scope Of "Privy" And "Real Parties-In-Interest" In AIA Proceedings Remains
Parties, even tangentially, involved in patent litigation should be aware of recent developments in the Inter Partes Review (IPR) proceedings so that they are not adversely affected by the actions or inactions of others at the US Patent and Trademark Office (USPTO).
United States
9 Nov 2013
Impact Of Incomplete Notice Of Prior Art
The International Trade Commission (ITC) continues to be a popular venue for enforcing intellectual property rights through Section 337 investigations due, in part, to the fast pace at which the investigations are completed, with most lasting about 16 months.
United States
19 Jul 2013
Effective Timeline For The America Invents Act
The America Invents Act ("Act") was enacted into law on September 16, 2011 and provides sweeping changes to the US patent law.
United States
14 Nov 2011
America Invents Act Revamps US Patent Law
The US Congress is poised to fundamentally change the patent application process in the United States if the Senate approves the America Invents Act on September 6, 2011.
United States
9 Sep 2011
Technology Standardisation And Antitrust Law - A Comparison Of The US And EU Approaches
This article compares the continuing development of the approaches of the US Department of Justice (DoJ), the Federal Trade Commission (FTC) and the European Commission (the Commission) concerning potential infringements of antitrust law arising either from patent ambush or from the failure of a patent licensor to comply with an undertaking to license standard-essential patents on (fair), reasonable and non-discriminatory ((F)RAND) terms.
United States
18 Apr 2011
Exploitation of Intellectual Property
Many exempt organizations own valuable intellectual property rights that can be used by the organization to achieve the exempt purposes for which it was established or to provide an additional source of revenue for the organization. Where the value lies in an organization’s intellectual property will depend to a large extent on the nature of the organization and its activities. For example, many large public charities that are well known and widely supported have valuable trademarks, reflecting
United States
28 Jun 2004
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