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  • Article

    Commission Issues Advisory Opinion In Certain Foam Footwear (337-TA-567)

    On March 28, 2022, the ITC issued an advisory opinion in Certain Foam Footwear (Inv. No. 337-TA-567) finding that third party Triple T Trading Ltd.'s ("Triple T") Northside Classic Fur Lined Clog...
    United StatesIntellectual Property
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  • Article

    Commission Issues General Exclusion Order In Certain Percussive Massage Devices (337-TA-1206)

    On December 16, 2021, the ITC issued a notice of issuance of a general exclusion order ("GEO") and cease-and-desist order ("CDO") in Certain Percussive Massage Devices (Inv. No. 337-TA-1206).
    United StatesIntellectual Property
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Article

Coronavirus Updates: USPTO Grants Further Relief For Certain Patent-Related Fees And Deadlines

accordance with the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO)
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  • Article

    Ex Parte Linden Gives A Boost To The Subject Matter Eligibility Of AI inventions

    One particular example in this guidance was directed to a computer-implemented method of collecting digital images for training a neural network that is used for facial detection.
    United StatesIntellectual Property
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  • Article

    Extang Corporation And Laurmark Enterprises File New 337 Complaint Regarding Certain Pickup Truck Folding Bed Cover Systems

    On December 7, 2018, Extang Corp. and Laurmark Enterprises, Inc. d/b/a BAK Industries—both of Ann Arbor, Michigan—filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
    United StatesIntellectual Property
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  • Article

    FDA Seeking Comments On Orange Book Patent Listing

    The FDA has published a public notice requesting comments on the submission and listing of patent information.
    United StatesIntellectual Property
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  • Article

    Final Rule Change Replacing BRI With Phillips Standard

    Effective November 13th, all claims challenged in IPR, PGR, and CBM petitions will be interpreted under Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc).
    United StatesIntellectual Property
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  • Article

    Flashback: Domestic Infringement Can Be Compensated Based On Lost Foreign Profits

    Fourteen years ago, while discussing 35 USC 271(f) and related court precedents, I wrote that "a patentee can rely on its U.S. patent to seek damages for sales outside the U.S."
    United StatesIntellectual Property
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  • Article

    ITC Institutes Advisory Proceeding In Certain High-Density Fiber Optic Equipment (337-TA-1194)

    On May 18, 2022, the Commission issued an order instituting an advisory opinion proceeding in Certain High-Density Fiber Optic Equipment and Components Thereof (Inv. No. 337-TA-1194).
    United StatesIntellectual Property
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  • Article

    ITC Institutes Enforcement Proceeding In Certain High-Density Fiber Optic Equipment (337-TA-1194)

    On November 4, 2021, Corning filed a complaint requesting institution of an enforcement proceeding to investigate alleged violations of the GEO and CDO by Panduit.
    United StatesIntellectual Property
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  • Article

    Joint Inventor Need Not Conceive Of Entire Invention – Contribution Of Elements Of Invention Sufficient For Inventorship

    In BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC., No. 2021-2316 (June 9, 2023) (Prost*, Chen, and Stark), a panel of the Court addressed the requirements for co-inventorship...
    United StatesIntellectual Property
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  • Article

    Navigating Patent Drafting And Prosecution Of Standards-Related Technologies

    The collaboration and efficiency achieved by standards and the SDOs that create them advance the state of technology and business.
    United StatesIntellectual Property
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  • Article

    PTAB Update: USPTO Issues Interim Process For PTAB Decision Internal Review And The Federal Circuit Issues An Opinion In Arthrex v. Smith & Nephew

    Following the Supreme Court's decision in U.S. v. Arthrex, the USPTO quickly established an interim Director review process by which the "[t]he Director [] may review final PTAB decisions and, upon review...
    United StatesIntellectual Property
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  • Article

    Thinking Outside The (Utility Patent) Box – Don't Overlook Design Patent Protection In The Life Sciences

    Design patents are very different from utility patents in that design patents only protect the ornamental features of an invention. In contrast to utility patents, the design is defined
    United StatesIntellectual Property
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  • Article

    Where Have All The Bio/Pharma IPRs Gone?

    The IPR program in general has been wildly successful in its intended purpose of providing a lower-cost alternative to patent litigation,...
    United StatesIntellectual Property
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  • Article

    Will Rite-Hite Be Next?

    In Rite-Hite v. Kelley Co., 56 F.3d 1538 (Fed. Cir. 1995) the Federal Circuit refused to award damages for the goods which were regularly sold as part of a package including patented goods.
    United StatesIntellectual Property
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  • Article

    Biogen V. Mylan: Make Sure Your Patent Applications Cover Your Current R&D

    Yesterday, in Biogen v. Mylan, the Federal Circuit ruled that claims in Biogen's U.S. patent 8,399,514 (the '514 patent) were invalid under 35 U.S.C. §112 for failing to satisfy the written description requirement.
    United StatesIntellectual Property
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  • Article

    Commission Affirms Finding Of Violation Of Section 337 In Certain Light-Emitting Diode Products (337-TA-1213)

    The Commission determined to review in part the ID's finding of no violation as to the '531 and '819 patents.
    United StatesIntellectual Property
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  • Article

    Commission Issues Advisory Opinion In Certain Foam Footwear (337-TA-567)

    On April 13, 2021, the ITC issued an advisory opinion in Certain Foam Footwear (Inv. No. 337-TA-567) finding that the new Original Beach DAWGS™ shoes made and imported into the U.S. by...
    United StatesIntellectual Property
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  • Article

    Increased Burden In Drafting "Surviving" And "Useful" Utility Patents In The Life Sciences Industry Extends To Design Patents

    Patents are undoubtedly essential to many industries, and in recent years, the decisions regarding patent eligibility, written description, and enablement have certainly shaken up the life sciences industry in particular.
    United StatesIntellectual Property
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