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1810, 2019

Time Limits for filing Inter Partes Patent Review Requests

By |October 18th, 2019|Categories: Patents|Comments Off on Time Limits for filing Inter Partes Patent Review Requests

The Patent Trial and Appeal Board issued two precedential opinions relating to the time for filing petitions for inter partes patent reviews. While the AIA permits challengers to file a request for inter partes review of a patent at the USPTO, 35 [...]

1810, 2019

USPTO Update on Subject Matter Eligibility

By |October 18th, 2019|Categories: Patents|Tags: |Comments Off on USPTO Update on Subject Matter Eligibility

The USPTO published an October 17, 2019 Update on Subject Matter Eligibility. The Update follows up on the Patent Eligibility Guidance (PEG) the USPTO published in January 2019. The Update uses further explanation and examples to focus on examination procedures, and states “all [...]

2908, 2019

Claim Interpretation and Motions Raising Section 101 Invalidity

By |August 29th, 2019|Categories: Patents|Comments Off on Claim Interpretation and Motions Raising Section 101 Invalidity

Patent infringement defendants often file a motion for judgment on the pleadings (under FRCP 12(c)) or a motion for summary judgment (under FRCP 56) early in the case – often before discovery or even a Markman hearing in which the claims of [...]

1208, 2019

Federal Circuit Remands PTAB Decision on Public Accessibility of Prior Art

By |August 12th, 2019|Categories: Patents|Comments Off on Federal Circuit Remands PTAB Decision on Public Accessibility of Prior Art

In Samsung Elecs. Co., Ltd v. Infobridge PTE Ltd., (Fed. Cir. July 12, 2019) the Federal Circuit found that the PTAB applied the wrong legal standard for determining whether a reference was publicly accessible before a critical date of a challenged patent. The [...]

608, 2019

Design Patents: “Aesthetic Functionality” and the Repair Doctrine

By |August 6th, 2019|Categories: Patents|Comments Off on Design Patents: “Aesthetic Functionality” and the Repair Doctrine

In the case of Automotive Body Parts Association v. Ford Global Technologies, the Court of Appeals for the Federal Circuit was asked to consider whether certain design patents owned by Ford are invalid on the grounds of “aesthetic functionality” and/or are unenforceable under [...]

2607, 2019

U.S. SUPREME COURT OPINES ON IMMORAL AND SCANDALOUS TRADEMARKS

By |July 26th, 2019|Categories: Trademarks|Comments Off on U.S. SUPREME COURT OPINES ON IMMORAL AND SCANDALOUS TRADEMARKS

The United States Supreme Court recently issued a decision on whether “immoral or scandalous” trademarks could properly be barred under the Lanham Act’s express provisions against such marks. In its decision for In Re Brunetti (June 24, 2019), the Court determined that [...]

1107, 2019

Practice Tip Limitations Upon Patent Challenges in Licenses and Other Contracts

By |July 11th, 2019|Categories: Patents|Comments Off on Practice Tip Limitations Upon Patent Challenges in Licenses and Other Contracts

Patent challengers have a number of mechanisms to challenge the validity of a patent. The American Invents Act of 2011 overhauled the U.S. Patent system and established three types of administrative review proceedings before the Patent Trial and Appeal Board: 1) an “inter-partes” [...]

2706, 2019

State Owned Patents Not Immune from IPR Proceeding

By |June 27th, 2019|Categories: Patents|Comments Off on State Owned Patents Not Immune from IPR Proceeding

States, such as through state universities, often own patents. Typically, state sovereign immunity shields a state from being sued by private parties, such as in a lawsuit brought by a party seeking declaratory judgement that the state-owned patents are invalid.In the case of [...]

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