Mondaq USA: Intellectual Property
Morrison & Foerster LLP
This month we highlight two reversals by the Federal Circuit and a summary judgment of indefiniteness from New Jersey.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On October 26, 2018, the Library of Congress adopted exemptions to the prohibitions in 17 U.S.C. § 1201(a)(1)(A), which prohibits circumvention of technological measures that control access to copyrighted works.
Lewis Brisbois Bisgaard & Smith LLP
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).
Jones Day
When an IPR petition results in a final written decision, the IPR petitioner is estopped from asserting in a civil litigation or an ITC action that "the claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.
Lewis Roca Rothgerber Christie LLP
Running with the bulls in Pamplona, Spain is an experience like no other.
Wolf, Greenfield & Sacks, P.C.
This is one of those relatively rare occasions when a party gathers enough evidence of third-party use and registrations to affect the outcome of a Section 2(d) proceeding.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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...
Ropes & Gray LLP
Scott McKeown, Ropes & Gray IP litigation partner and chair of the firm's Patent Trial and Appeal Board (PTAB) group, examines how some recent changes at the PTAB will benefit patent owners.
Oblon, McClelland, Maier & Neustadt, L.L.P
The statutory language for IPRs and PGRs supports this conclusion.
Oblon, McClelland, Maier & Neustadt, L.L.P
Defendants then moved for an award of attorneys' fees of approximately $600,000.
Oblon, McClelland, Maier & Neustadt, L.L.P
In Roche Diagnostics the Federal Circuit continued its failure to recognize that diagnostic claims were not patent ineligible because they used a natural law.
Ropes & Gray LLP
Scott McKeown, Ropes & Gray IP litigation partner and chair of the firm's Patent Trial and Appeal Board (PTAB) group, examines how some recent changes at the PTAB will benefit patent owners.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The damages expert for a patent infringer claimed that a 0% royalty was proper based on the existence of a non-infringing alternative that had not yet hit the market.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Eleventh Circuit found the amount of damages resulting from fraud and breach of an asset purchase agreement should be assessed at the time the agreement was negotiated
Orrick
A $700 million jury award for trade secrets misappropriation and fraud is the product of a collusive scheme to deceive the jury
Fross Zelnick Lehrman & Zissu, PC
In July 2018, the Federal Circuit rejected the USPTO's argument that it was entitled to recover attorneys' fees, win or lose, when defending the PTAB's decisions under Section 145 of the Patent Act, 35 U.S.C. §145.
Fross Zelnick Lehrman & Zissu, PC
The Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) was signed into law on October 11, 2018. As the name suggests, the law is aimed at updating music copyright laws for the digital age.
Foley & Lardner
In Novartis AG v. Ezra Ventures LLC, the Federal Circuit addressed "the interplay between a patent term extension (PTE) granted pursuant to 35 U.S.C. § 156 and the obviousness-type double patenting doctrine."
Lewis Brisbois Bisgaard & Smith LLP
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 ...
Wolf, Greenfield & Sacks, P.C.
On Dec. 4, 2018, the U.S. Supreme Court heard oral arguments in Helsinn Healthcare v. Teva Pharmaceuticals. The question before the court was whether the America Invents Act of 2011 ...
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Jones Day
One PRO petitioned a federal district court, asking the court to declare that its consent decree does not require full-work licensing.
BakerHostetler
Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018.
Pryor Cashman LLP
Following her September 2017 appearance on CNBC's "Nightly Business Report," Partner Dyan Finguerra-DuCharme returned to the program for a segment exploring ways to identify and avoid scams involving intellectual property.
Smith Gambrell & Russell LLP
Does your company develop software that gives you an edge over your competitors?
Duane Morris LLP
In 2014, Elon Musk announced that he was "open-sourcing" Tesla's patents.
Lewis Brisbois Bisgaard & Smith LLP
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A U.S. District Judge in the Eastern District of Texas recently awarded Imperium IP Holdings more than $7 million in attorney fees and nontaxable costs
Oblon, McClelland, Maier & Neustadt, L.L.P
Artificial Intelligence (AI) is a loaded technology buzzword that comes in different forms in various commercial products.
Proskauer Rose LLP
AMN and Aya are competitors in the business of providing travel nurses on a temporary basis to medical care facilities throughout the country.
Smith Gambrell & Russell LLP
Trademark Owners are being inundated with trademark solicitations and scams from a variety of sources. The trickery often begins with an abusive and misleading email.
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