Searching Content indexed under Litigation, Mediation & Arbitration by Adriana Burgy ordered by Published Date Descending.
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Title Amendment: Design Patent Limitation?
Curver originally applied for a design patent directed to an overlapping "Y"-shaped pattern for "Furniture (part of-)."
United States
23 Sep 2019
Having Your Cake And Eating It Too: Considerations From Broad Claims Without Back-Up Narrow Claims
In an inter partes review Final Written Decision, the Patent Trial and Appeal Board found all challenged claims of U.S. Patent No. 6,881,745 unpatentable as anticipated or obvious.
United States
8 Aug 2019
When Is A Broken Record Not A Broken Record?
Background: Indivior UK Limited ("Patent Owner") owns U.S. Patent No. 9,687,454 B2 ("the '454 patent"). The '454 patent relates to "self-supporting film dosage forms
United States
19 Jul 2019
Double The Trouble: Lack Of Priority Opens The Door To Unpatentability In An IPR Proceeding
Decision: Dr. Reddy's Labs. S.A. v. Invidior UK Ltd., IPR2019-00329, Paper 21 (P.T.A.B. June 3, 2019)
United States
19 Jul 2019
Smarmy Behavior Not Enough For Walker Process Fraud
Decision: Xitronix Corp. v. KLA-Tencor Corp., No. A-14-CA-01113-SS, 2016 WL 7626575 (W.D. Tex. Aug. 26, 2016), aff'd Rule 36, No. 16-2746 (Fed. Cir. May 23, 2019)
United States
17 Jun 2019
Conjunctively Disjunctive
A series of recent cases teach an important lesson about claim language: simple terms may be construed based on the context in which they appear – even if different from their ordinary meaning.
United States
14 Jun 2019
CAFC Affirms Public Use And On-Sale Bars Only Apply Where The Invention Is Ready For Patenting In Divided Opinion In Barry v. Medtronic
In Barry v. Medtronic, Inc., No. 17-2463 (Fed. Cir. Jan. 24, 2019), the CAFC majority affirmed the district court's findings that Dr. Barry's system and method claims were not invalid
United States
4 Mar 2019
Five Most Popular Prosecution First Blog Posts From 2018
With 2019 in full swing, we are looking back! We culminated our five most popular posts from 2018 on Finnegan's Prosecution First blog.
United States
30 Jan 2019
Inherency And Obviousness
This case provides an example of the use of inherency in an obviousness determination. That is, the Northern District Court of Illinois found that claim 6 of U.S. Pat. 8,648,106 (the '106)
United States
7 Jan 2019
Novartis v. Ezra And Novartis v. Breckenridge: Cracks In The Armor Of ODP Portending Well For Innovative Pharma?
The Federal Circuit issued decisions in Novartis AG v. Ezra Ventures LLC, -- F.3d __, 2018 WL 6423564 (CHEN, Moore, Stoll) and Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical...
United States
14 Dec 2018
Examining The Examiner Interview
Compact or streamlined prosecution is in vogue in prosecution circles these days. While examiner interviews are a tried and true "old" tool in a prosecutor's tool box...
United States
15 Jun 2017
Examination Time And Production System: Your Opinion Is Requested
At the end of October of 2016, the USPTO solicited public feedback as the Office embarked on reevaluating its examination time goals.
United States
21 Feb 2017
Protests: Are Those Still Around?
In the wake of third-party or pre-issuance submissions with the enactment and implementation of AIA, protests often get overlooked. But, a protest submission is still a filing option.
United States
21 Feb 2017
The New Normal: Post-Grant Review Of Pharmaceutical Patents
AIA established post-grant proceedings in the U.S. Patent and Trademark Office (USPTO) that have emerged as a battleground for pharmaceutical patent challenges in addition to the usual district court venue.
United States
30 Jul 2015
Demystifying IP Due Diligence
In today's fast-paced, technology-driven world, the strength of a company's intellectual property can determine the value of a corporate transaction.
United States
19 Jul 2006
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