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for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S. Patent and Trademark Office (USPTO) during patentprosecution, and the CAFC affirmed. Belcher brought the suit against Hospira, Inc.
I was tasked with creating business and marketing materials for the Engineering and Technology practice group, focusing mainly on topics pertaining to patentprosecution. One of the skills I sharpened over the course of my internship was effective and accessible legal writing.
Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patentinfringement complaint back in early 2003 – a few months after graduating from law school. He responded that he was responsible for the briefs but had relied heavily upon a published article.
The United States Patent and Trademark Office (USPTO) announced last week that it will terminate engagement with the Russian IP Office (Rospatent) as well as the Eurasian Patent Organization (EAPO) and the IP Office of Belarus, which has been cooperating with Russia in the lead-up to and during the Russian invasion of Ukraine.
Patent and Trademark Office (USPTO) issued a draft Request for Comments (RFC) today seeking public feedback “on the current state of the experimental use exception jurisprudence and whether legislative action should be considered to enact a statutory experimental use exception.” According to the RFC, since the U.S.
Specifically, the CAFC said the district court erred by relying heavily on the patentprosecution history statements for a related patent that had been cited in the information disclosure statement (IDS) during supplemental examination of one of the patents-in-suit to inform its construction of the term in question.
selected address issues such as SPC protection for combination products, double patenting, prosecution history estoppel and the influence of declarations made by the patentee in parallel proceedings, the possibility for national courts to request technical opinions from the EPO under Art. The decisions we (arbitrarily!)
Augmented Reality (“AR”), along with Virtual Reality (“VR”), is rapidly growing in prominence and will be transformative to the way we live, work, learn and play. Both AR and VR will undoubtedly bring a whole set of novel IP issues for individuals, companies, IP practitioners and the courts.
In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). First Quality Baby Products.
v Hologic case, t he US Supreme Court (“SCOTUS”) ruled that assignor estoppel is limited and may allow a previous assignor, under specific circumstances, to challenge the validity of patents they have subsequently reassigned. Scenario Two: Company A (Assignor) sells/assigns their patents to Company B (Assignee).
Court of Appeals for the Federal Circuit (CAFC) earlier today affirmed a district court ruling that Biogen International’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description.
PatentProsecution. Patent protection is generally available for cannabis and cannabis-related innovations on the same basis as any other innovation, presenting relatively few obstacles for applicants. Contracts, such as cannabis patent licenses, could also be unenforceable under federal law.
Court of Appeals for the Federal Circuit (CAFC) ruled today in a split precedential decision authored by Judge Reyna that a district court properly found Personalized Media Communications’ (PMC) patent unenforceable due to prosecution laches.
Standard-documentation from online sources maintained by standard setting organizations (SSOs) is usually an important source of relevant prior art. Such prior art can include technical specifications, technical reports, change requests, liasioning statements, work item descriptions, study documents, recommendations and RFCs.
Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patentprosecution timelines.
District Court for the District of Delaware, which had granted judgment of non-infringement for Ford Motor Company on three patents owned by Ethanol Boosting Systems, LLC and the Massachusetts Institute of Technology (EBS). Court of Appeals for the Federal Circuit (CAFC) on Monday vacated and remanded a decision of the U.S.
The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.
With deep expertise in litigation and patentprosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. with honors from Emory University, where she was the articles editor of the Emory Law Journal. Chet Campbell focuses his practice on patent litigation at the U.S.
But patent holders must also beware of challenges from competitors and demands for interoperability from consumers. A comprehensive IP strategy must cover all bases – prosecution, enforcement, defense, and transactions. PatentProsecution, Portfolio, and Strategic Patenting Considerations. district courts, the U.S.
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