Searching Content indexed under Patent by Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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Supreme Court Agrees To Review Appealability Of PTAB Time-Bar Rulings
The Supreme Court has taken several cases dealing with PTAB issues over the past few years.
United States
4 Jul 2019
Claims With Precise Numerical Values - A Cautionary Tale
Again, the ‘880 patent is generally directed to a rotatable step employed at the rear of a watercraft.
United States
18 Jun 2019
Privilege Review Presents Unique Challenges In Intellectual Property Cases
Intellectual property (IP) litigation typically requires review and production of large volumes of documents and electronically stored information (ESI).
United States
14 Jun 2019
Patent Litigation Trends In The Wake Of TC Heartland
In May 2017, the Supreme Court issued TC Heartland v. Kraft Foods Group Brands, a decision that many expected would significantly limit forum shopping in patent cases
United States
14 May 2019
The Ongoing Evolution Of Patent Venue
For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp.
United States
2 Apr 2019
USPTO Supports "Counterintuitive" Interpretation Of AIA In Amicus Brief To Fed Circuit Court Of Appeals
In a curious legal scenario, the USPTO recently filed an amicus brief at the request of the Federal Circuit Court of Appeals, supporting a "counterintuitive" reading of the American Invents Act (AIA).
United States
18 Mar 2019
PTAB Denies Post-Grant Review Request That Relied On Social Media Evidence
The Patent Trial and Appeal Board (PTAB) recently denied a request for a post-grant review of a design patent that relied on evidence from social media.
United States
8 Feb 2019
Supreme Court Rules That AIA Did Not Alter The On-Sale Doctrine
The U.S. Supreme Court recently ruled that the phrase "or otherwise available to the public" added to 35 U.S.C. § 102 in the America Invents Act (AIA) in 2011 did not change the "on-sale" doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
United States
30 Jan 2019
Preserving Patent Rights On A Global Stage: Foreign Filing Options And How To Successfully Navigate Novelty Requirements
Patent applicants often wish to expand patent protection by filing outside the U.S. This post concerns patent filings stemming from applications ...
United States
23 Jan 2019
Federal Circuit Warns Patent Holders To Reconsider Cease And Desist Letters
Sending a cease and desist letter to a patent infringer should never be taken lightly.
United States
17 Dec 2018
2018 In Review – Inter Partes Review Developments, Part 2 Of 2
Following the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board's (PTAB) authority to invalidate patents by inter partes review (IPR).
United States
14 Dec 2018
2018 In Review – Inter Partes Review Developments, Part 1 Of 2
In one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green's Energy Group ...
United States
12 Dec 2018
One-Year Time Bar To File An IPR Begins On Date Complaint Served Regardless Of Post-Service Activities
In Click-to-Call Technologies, LP v. Ingenio, Inc. et al., the U.S. Court of Appeals for the Federal Circuit overturned the PTAB, holding that service of a complaint that is later voluntarily dismissed without...
United States
7 Sep 2018
Tribal Sovereign Immunity Cannot Bar IPR Review: Federal Circuit
The Federal Circuit ruled on Friday July 20, 2018 that tribal sovereign immunity cannot bar inter partes review (IPR) proceedings before the U.S. Patent and Trademark Office (PTO) ...
United States
27 Jul 2018
Supreme Court Finds Patent Owners Can Recover Foreign Lost Profits For U.S. Patent Infringement
On June 22, 2018, the U.S. Supreme Court, in a 7-2 decision, concluded a patent owner may recover lost profit damages based on foreign activities when an accused infringer violates 35 U.S.C. § 271(f)(2) ...
United States
6 Jul 2018
Supreme Court Upholds Constitutionality Of Inter Partes Reviews
The Supreme Court's decision raises many unanswered questions and issues going forward.
United States
30 Apr 2018
California Appellate Court Analyzes When Attorney-Client Relationship Ends Stopping Tolling Of Statute Of Limitations For Legal Malpractice Claim
A California appellate court issued a unanimous opinion in October providing guidance regarding the tolling provision for continued representation as to legal malpractice claims...
United States
21 Dec 2016
Supreme Court Upholds AIA Trial Standard For Claim Construction
On Monday, June 20, 2016 the United States Supreme Court upheld the prevailing "broadest reasonable construction" claim construction standard that has been used by the Patent Trial and Appeal Board...
United States
29 Jun 2016
Supreme Court Rules That Enhanced Damages In Patent Cases Will Now Be Easier To Secure
The patent law permits patent holders to potentially recover "treble" (i.e. triple) damages in cases of patent infringement.
United States
26 Jun 2016
Intellectual Property Practice Prevails In Important Inter Partes Review Before The Patent Trial And Appeal Board
Chicago Partner Maxwell Petersen succeeded in invalidating all claims of U.S. Patent 8,557,056, owned by Rovalma, S.A., before the U.S. Patent Trial And Appeal Board ("PTAB").
United States
27 Apr 2016
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