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Blog2019-11-09T13:39:54+00:00
2006, 2019

AIA Patent Challenges

By |June 20th, 2019|Categories: Patents|Comments Off on AIA Patent Challenges

The America 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 that enable a “person’ other than the patent owner to challenge the validity of an issued [...]

1306, 2019

USPTO 101 Guidance

By |June 13th, 2019|Categories: Patents|Comments Off on USPTO 101 Guidance

The United States Patent and Trademark Office (USPTO) released revised guidance (Section 101 Revised Guidance) for use by USPTO personnel in evaluating subject matter eligibility under 35 U.S.C. § 101, effective January 7, 2019. The Guidance revises the procedures for determining whether [...]

105, 2019

Trademark Licenses and Bankruptcy

By |May 1st, 2019|Categories: Trademarks|Comments Off on Trademark Licenses and Bankruptcy

The Supreme Court resolved a dispute between the circuit courts as to whether a bankrupt brand owner can use bankruptcy law to unilaterally “reject” (or revoke) a trademark license and thus strip a licensee of a right to use the trademark. In [...]

103, 2019

Copyright Registration as a Prerequisite to a Lawsuit

By |March 1st, 2019|Categories: Copyright|Comments Off on Copyright Registration as a Prerequisite to a Lawsuit

On March 4, 2019, the Supreme Court resolved an issue on which the various federal circuit courts were split: can a copyright plaintiff bring a lawsuit once they have filed an application for registration with the Copyright Office, or must they wait [...]

102, 2019

Can my Invention be Patented?

By |February 1st, 2019|Categories: Patents|Comments Off on Can my Invention be Patented?

UNDERSTANDING 35 U.S.C. § 101 AND THE ALICE DECISION Overview Section 101 sets forth the type of inventions which are entitled to be patented (assuming they meet the other requirements for patentability, such as novelty (under Section 102) and non-obviousness (under Section [...]

1201, 2019

Subject Matter Eligibility Guidance

By |January 12th, 2019|Categories: Patents|Comments Off on Subject Matter Eligibility Guidance

The USPTO has issued modified subject-matter eligibility (“Section 101”) guidance. The new guidance recognizes the need for increased clarity and consistency in how Section 101 is applied. Under current Section 101 case law, an invention may not be patented if it is subject-matter [...]

101, 2019

On Sale Bar

By |January 1st, 2019|Categories: Patents|Comments Off on On Sale Bar

In the case of Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc., et al., the U.S. Supreme Court ruled that changes to Section 102 of the America Invents Act did not change the meaning of the “on-sale” bar as it was previously [...]

111, 2018

Inventor Challenges to Assigned Patents

By |November 1st, 2018|Categories: Patents|Comments Off on Inventor Challenges to Assigned Patents

In the case of Arista Networks, Inc. v. Cisco Sys., Inc. (Federal Circuit, November 9, 2018), the Court of Appeals for the Federal Circuit addressed the issue of whether assignee estoppel applies to prevent an inventor/assignor from later challenging a patent in an [...]

106, 2018

Foreign Lost Profits for Infringement of US Patents

By |June 1st, 2018|Categories: Patents|Comments Off on Foreign Lost Profits for Infringement of US Patents

In the case of WesternGeco Ltd. v. Ion Geophysical Corp., the U.S. Supreme Court reversed the Federal Circuit’s rule against extraterritorial lost profits for infringement of U.S. Patents. The Supreme Court ruled that 35 U.S.C. § 271(f), permits a patent owner to recover [...]

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