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Searching Content indexed under Patent by Wolf, Greenfield & Sacks, P.C. ordered by Published Date Descending.
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1
Unpacking The Latest ITC Trends: Part 1
Despite a brief hiatus stemming from the government shutdown, 2019 has already been a very busy year in Section 337 practice at the U.S. International Trade Commission.
United States
4 Oct 2019
2
IPR Estoppel May Apply To Product-Based Defenses
Under the estoppel provisions of 35 U.S.C. § 315(e), if an IPR results in a final written decision, the petitioner is barred from raising invalidity arguments in court or the ITC based on any grounds
United States
11 Sep 2019
3
Inconsistent Patent Venues - Considerations For In-House Counsel
Determining whether a party can be sued in a particular venue is crucial for both patent owners looking to file suit and accused infringers seeking to avoid a given venue
United States
4 Sep 2019
4
Some Thoughts On Why Product Configuration Marks Seldom Survive TTAB Scrutiny
Rarely do product configuration trademark applications survive TTAB scrutiny. Two major hurdles to registration stand in the way
United States
27 Aug 2019
5
Precedential No. 23: TTAB Affirms Section 2(e)(5) Functionality Refusal Of Umbrella Configuration
In view of Applicant OEP's own utility patent, the Board had no doubt in affirming a Section 2(e)(5) functionality refusal of the product configuration shown below, for umbrellas.
United States
23 Aug 2019
6
TTAB Finds Wedge Shape For Yoga Blocks Functional Under Section 2(e)(5)
The Board affirmed a Section 2(e)(5) refusal to register the product configuration shown below, for "yoga blocks," finding the proposed mark to be de jure functional and therefore
United States
22 Aug 2019
7
Federal Circuit Declines To Take Up Winning-Petitioner Estoppel
The Federal Circuit recently declined to consider whether a successful IPR petitioner is estopped from making its winning invalidity arguments in district court.
United States
8 Aug 2019
8
Strategies For Patenting AI Innovations In Life Sciences
Today, companies are developing AI systems to meaningfully analyze the deluge of biomedical data.
United States
7 Aug 2019
9
Patent Coverage Of Impossible Embodiments: A Cautionary Tale For Patent Owners, And Lingering Questions
Patent owners asserting their patents in litigation will often seek broad claim constructions to cover accused products and forestall defendants' non-infringement defenses.
United States
25 Jul 2019
10
In Follow-On IPR Petitions, Different Prior Art May Not Be Considered Substantially Different
An IPR follow-on petitioner may find it particularly challenging to select the best prior art references and arguments to submit to the PTAB.
United States
19 Jul 2019
11
Federal Circuit Report: What Is The Key To Unlocking The Federal Circuit's Divided Infringement Test?
In Travel Sentry Inc. v. Tropp, 877 F.3d 1370 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit shed some light on how to apply the divided infringe
United States
1 Jul 2019
12
A Party Is Not Entitled To Take Discovery On Subjects It Affirmatively Places Outside The Scope Of The Investigation
In the Matter of CERTAIN RADIO FREQUENCY MICRO-NEEDLE DERMATOLOGICAL TREATMENT DEVICES AND COMPONENTS THEREOF, Inv. No. 337-TA-1112
United States
13 Jun 2019
13
PTAB Panel Denies IPR Institution Under § 314(a) In View Of Parallel District Court Litigation
For months, panels at the PTAB have debated the relevance of parallel district court litigation on the PTAB's discretion under 35 U.S.C. § 314(a) to institute
United States
7 Jun 2019
14
The Internet Is Forever: Costs Of Oversharing Online
A critical and early determinant in any procedural review is an examination of the permissibility of individual pieces of evidence. In matters of intellectual property, and particularly in IPRs,
United States
6 Jun 2019
15
Did I Say That? The Narrow Divide Between § 102 And § 112 Arguments
This case provides an important reminder to practitioners: consider arguments and statements carefully in light of any and all possible rejections.
United States
31 May 2019
16
TTAB Affirms Section 2(e)(5) Functionality Refusal Of Milk Container Configuration
The Board affirmed a Section 2(e)(5) refusal of the container configuration shown below, for "milk," finding the design to be de jure functional.
United States
28 May 2019
17
Could Secret Sales Bar Your Ability To Patent A Medical Device?
A recent Supreme Court decision could have a significant impact on medical device manufacturers. These companies must continue to exercise caution in engaging in confidential sales and offers with outside partners
United States
8 May 2019
18
Isn't It Obvious To Optimize For Better Results?
Just because your issued patent was examined by the USPTO does not mean that it is free from challenge. Your competitors may, of course, scrutinize your patent and use IPR to challenge
United States
8 May 2019
19
To Prove A Printed Publication, Petitioners Should Connect All The Dots
You found a great prior art reference for your IPR petition. But if that reference isn't a patent or patent application, you'll need to think carefully about how to prove that the reference was actually published ...
United States
30 Apr 2019
20
Commission Agrees With ALJ Pender That Complainant Waived Indirect Infringement Arguments And That Respondents Waived Obviousness Theories
In the Matter of CERTAIN ROBOTIC VACUUM CLEANING DEVICES AND COMPONENTS THEREOFSUCH AS SPARE PARTS, Inv. No. 337-TA-1057, Commission Opinion (February 1, 2019)
United States
29 Apr 2019
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