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  • Article

    In Review: The America Invents Act 1 Year Later

    Over one year ago, Sept. 16, 2012, the U.S. Patent and Trademark Office implemented a new post-grant review procedure available to financial services institutions, software firms, and similar entities sued for or charged with infringement of so-called "covered business method patents."
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    INSIGHT: SAS v. Iancu—Changes to Inter Partes Review and Beyond

    On April 24, 2018, the Supreme Court issued its decision in SAS Institute Inc. v. Iancu 138 S. Ct. 1348 (2018). SAS involved a challenge to the Patent Trial and Appeal Board's (Board) practice of instituting inter partes review (IPR) as to fewer than all of the claims challenged as unpatentable in an IPR petition.
    United StatesIntellectual Property
WilmerHale
WilmerHale
  • Article

    Intel Corporation And Somaxon Pharmaceuticals Succeed At The Federal Circuit

    Last week, WilmerHale won two appeals at the US Court of Appeals for the Federal Circuit–one for client Somaxon Pharmaceuticals and one for client Intel Corporation.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    IP World Tour: Snapshots of Overseas IP Protection

    Partner Joseph Mueller provides commentary to the China Business Law Journal, April 2016, Volume 7, Issue 4.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Licensing Technology Developed with Public Funds: Should Patent Assertion Entities Receive Exclusive Licenses to Federally Owned Patents?

    When it passed the Bayh-Dole Act in 1980, Congress aimed to "promote the utilization of inventions arising from federally supported research or development."
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Oil States v. Greene's Energy: IPR Here To Stay, For Now

    In this article by David Cavanaugh, Mark Fleming and Will Kinder, published by Bloomberg BNA's Patent, Trademark & Copyright Journal, the authors analyze the US Supreme Court's decision...
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Practice Tips for Patentees Asserting Method-of-Treatment Claims Involving Divided

    Do physicians ‘‘condition participation'' of drug therapy based on patients' compliance with drug manufacturer instructions regarding how to take drugs? Do physicians withhold medically necessary drug therapy from patients when patients fail or refuse to take a drug in accordance with the instructions in the label?
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Sanum v. Laos (Part II): The Singapore Court Of Appeal Affirms Tribunal's Jurisdiction Under The PRC-Laos BIT

    Part I of this two-part blog post summarized the recent judgment of the Singapore Court of Appeal ("SGCA" or the "Court") in Sanum Investments Ltd. v Government of the Lao People's Democratic Republic ("Sanum v Laos").
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Podcast

    Season Three Trailer (Podcast)

    We're pleased to announce that the firm's podcast, In the Public Interest, will return for a third season!
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Settling IPRs And District Court Litigation: Strategic Considerations For Resolving A Dispute

    The authors present strategies for parties agreeing to a settlement to maximize the chances the PTAB will terminate an inter partes review, rather than see it to its end despite the parties' wishes.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Stay Versus Stay: How Litigation Stays Pending IPRs Impact the 30-Month

    Upon initiation of a patent infringement action between branded and generic pharmaceutical companies, the Hatch-Waxman Act (21 U.S.C. § 355(j)) provides for an automatic 30-month stay of
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Stays To Litigation Pending IPR And CBM Review: Statistics, Trends, And Key Issues

    Congress created inter partes review ("IPR") and covered business method patent review ("CBM") knowing that the proceedings could be commenced amidst litigation.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    The Best Times To Get A Grip On Your Startup's IP

    What's a tech startup's most valuable asset? It's not the seed money. It's not the workspace. And it's definitely not the espresso machine or Ping Pong table.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    The Broken Balance: How "Built-in Apportionment" And The Failure To Apply Daubert Have Distorted Patent Infringement Damages

    The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, patentees are granted exclusive rights to that invention for a period of time.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    The Cambridge Handbook Of Antitrust, Intellectual Property, And High Tech

    WilmerHale Partners Leon Greenfield and Mark Ford authored the chapter "Walker Process and Sham Litigation" in The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    The New EU Guidelines On Technology Transfer Agreements

    The recent revision by the European Commission of its Guidelines on Technology Transfer Agreements, as well as the Block Exemption, which accompanies it, granting a safe harbour from competition law challenge for certain agreements ..
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    The Relevance Of Alternative Designs 16 Years After TrafFix

    In this article written by Vinita Ferrera, Aaron Macris and Jeffrey Olshan, published in Bloomberg BNA's Patent, Trademark & Copyright Journal, authors discuss the many interpretations of TrafFix on alternative designs and provide guidance for litigants as such evidence can have a substantial impact in trade dress litigation.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    The Where, When and What of DTSA Appeals: Part 1

    Federal trade secret litigation can be as costly and complex as patent litigation. Unlike patent litigation, however, there has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in the two years since it was enacted.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Tips On Objections To Evidence In Post-Grant Proceedings

    The Federal Rules of Evidence apply to post-grant proceedings at the Patent Trial and Appeal Board. 37 C.F.R. § 42.62(a). The board has indicated that parties should treat evidentiary issues in a post grant proceeding "just as they would in a case pending before a U.S. district court, keeping in mind the applicability of the USPTO Duty of Candor." 37 C.F.R. § 42.11.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Congressional Panel Approves Legislation On Iran Nuclear Deal

    Yesterday, the Senate Foreign Relations Committee unanimously passed legislation that would allow Congress to review—and potentially block—any final deal reached with Iran over its nuclear program.
    United StatesInternational Law
    WilmerHale
    WilmerHale
  • Showing 841–860 of 4423 results

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