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  • Article

    ALJ McNamara Grants Summary Determination Of Violation Of Section 337 In Certain Vaporizer Cartridges (337-TA-1211)

    ALJ McNamara found 18 respondents in default in Order Nos. 35, 62, 63, and 64.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Athena Diagnostics - The Federal Circuit Again Abdicates Its Responsibility

    In denying the petition for rehearing en banc the majority of the Federal Circuit abdicated its responsibility to define the limits of the Supreme Court's Mayo decision.
    United StatesIntellectual Property
    Oblon
    Oblon
Article

Best Medical Int'l, Inc. v. Elekta, Inc. (Fed. Cir., August 29, 2022)

On August 29, 2022, the Federal Circuit released a modified version* of its precedential opinion in Best Medical Int'l, Inc. v. Elekta, Inc.
United StatesIntellectual Property
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  • Article

    Bio/Pharma IPRs: Will Institution Rates Rise In Response To USPTO Initiatives?

    When it comes to IPR petitions filed in the Bio/Pharma space, USPTO data tells us that while Bio/Pharma petitions make up only 8% of the total petitions filed for the fiscal year of 2022 (through June 30, 2022)...
    United StatesIntellectual Property
    Oblon
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  • Article

    Commission Finds No Violation Of Section 337 In Certain Mobile Devices With Multifunction Emulators (337-TA-1170)

    On July 27, 2021, the ITC issued the public version of its opinion finding no violation of section 337 in Certain Mobile Devices with Multifunction Emulators.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Ex Parte Jung Puts The Conjunctive In The Phrase "At Least One Of A And B"

    Last month, the U.S. Patent & Trademark Office's Patent Trial and Appeal Board ("PTAB") newly designated five decisions as informative.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    MPEP Changes To Election Practice In Markush Groups

    Without a notice or comment period required by the Administrative Procedures Act (APA) the USPTO on March 3, 2023 modified the MPEP Chapter 800 relating to restrictions and double...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Prior Art Introduced During Prosecution Has Important Implications For 101 Challenges

    Previously, ADT filed for inter partes review of Applied's ‘817 patent, challenging the validity of the patent's claims for obviousness.
    United StatesIntellectual Property
    Oblon
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  • Article

    PTAB Reaffirms Written Description Threshold When Claiming A Genus

    On May 17, 2024, the Patent Trial and Appeal Board (PTAB) affirmed a rejection of a claim directed to a purification method using single-domain antigen-binding proteins...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Requirements Under COVID-19 Prioritized Examination Pilot Program

    The USPTO has launched a new Covid-19 Prioritized Examination Pilot Program to help small and micro entities. The USPTO will accept requests for prioritized examination of up to 500 qualifying patent applications without requiring ...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Samsung Files New 337 Complaint Regarding Wireless Communications Equipment

    On January 5, 2021, Samsung Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc. of Ridgefield Park, New Jersey (collectively, "Samsung") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    The USPTO Strikes Again: More First Action Final Rejections = More Money + Diminished Quality

    While looking at a first action final rejection after an RCE that I received this week from an Examiner that I respect, I was asking myself why I had received what appeared to be such a shockingly improper action.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Think Before You Sign: Protecting IP Rights With MTAs

    Material transfer agreements (MTAs) are contracts that allow one party to perform research using the materials of another party.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Two Herceptin® Patents Survive IPR: A Lesson In Separately Arguing Motivation To Combine And Reasonable Expectation Of Success

    Motivation to combine and reasonable expectation of success are separate requirements that must be independently considered.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    U.S. Supreme Court Holds Copyright Act's Three Year Statute Of Limitations Does Not Limit Damages For An Otherwise Timely Claim

    In Warner Chappell Music, Inc. v. Nealy, 601 U.S. ___ (May 9, 2024), the U.S. Supreme Court held that the Copyright Act's three-year statute of limitations does not limit...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Modifies Certain PCT Fees

    The fee schedule provides information and fee rates for products and services provided by the USPTO.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Is The Canard That The Board Never Makes Credibility Determinations Finally Dead?

    The court came up with those assertions entirely on its own." Id. at page 13 n. 16; emphasis deleted.
    United StatesLitigation, Mediation & Arbitration
    Oblon
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  • Article

    Supreme Court Holds Proof Of Willfulness Is Not A Precondition To An Award Of Profits Under Section 43(a)

    In late April, the United States Supreme Court decided Romag Fasteners, Inc. v. Fossil Group, Inc., Case No. 18-1233 (U.S. April 23, 2020) and held that proof of willfulness is not a prerequisite for an award of profits under Section 43(a).
    United StatesLitigation, Mediation & Arbitration
    Oblon
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  • Article

    ALJ Shaw Issues Initial Determination In Certain High-Density Fiber Optic Equipment (337-TA-1194)

    On April 20, 2021, ALJ David P. Shaw issued the public version (Part I, Part II, Part III, Part IV, Part V) of his final initial determination
    United StatesIntellectual Property
    Oblon
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  • Article

    ITC Finds Violation Of Section 337 In Certain Movable Barrier Operator Systems (337-TA-1209)

    On February 9, 2022, the Commission issued a notice of its final determination of a violation of section 337 and issuance of a limited exclusion order ("LEO") and cease-and-desist order...
    United StatesIntellectual Property
    Oblon
    Oblon
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