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  • Article

    Who's Kidding Who?

    However, other former APJs must be asking themselves, "Who's Kidding Who?"
    United StatesIntellectual Property
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  • Article

    ALJ Cheney Issues Initial Determination Finding No Violation Of Section 337 In Certain Filament Light-Emitting Diodes (337-TA-1220)

    On December 21, 2021, ALJ Clark S. Cheney issued the public version (Part I, Part II, Part III) of his November 19, 2021 final initial determination ("ID") finding no violation of section 337...
    United StatesIntellectual Property
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Article

Assignor Estoppel And IPRs: Possible Impact Of Arista v. Cisco On Employment Or Assignment Agreements

The Federal Circuit ruled that the doctrine of assignor estoppel does NOT apply to IPR proceedings, based on the plain language of the statute, which states that any person "who is not the owner of a patent" can file an IPR ...
United StatesIntellectual Property
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  • Article

    Certified Translation Of Italian Patent Loses Case For Pharma Company

    Language service providers (LSPs) specializing in the life sciences (SlatorPro) are aware of how complex and rigorous — not to mention costly — pharmaceutical translations can be.
    United StatesIntellectual Property
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  • Article

    Chief ALJ Bullock Finds No Violation Of Section 337 In Certain Artifical Eyelash Extension Systems (337-TA-1226)

    On December 30, 2021, Chief ALJ Charles E. Bullock issued the public version (Part I, Part II, Part III, Part IV) of his October 28, 2021 initial determination ("ID") ...
    United StatesIntellectual Property
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  • Article

    Director Vidal Issues Sue Sponte Director Review Decision Clarifying The Application Of General Plastic And Further Weakening Fintiv Practice

    On August 23, 2022, Director Vidal initiated a sua sponte Director review decision in two IPRs between Code200 and Bright Data (IPR2022-00861, -00862), which vacated the Board's denial...
    United StatesIntellectual Property
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  • Article

    Does Claim Construction For Patent Opinions Now Require A Crystal Ball? (Pavo Solutions, Part III)

    In my first post about Pavo Solutions v. Kingston Technology a few weeks ago, I noted that the Federal Circuit rewrote claim language in the asserted patent by changing the claim element...
    United StatesIntellectual Property
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  • Article

    Ex Parte Jadran Bandic – Patent Eligibility Analysis After Berkheimer

    In Ex Parte Bandic, the PTAB ("the Board") has given an insight into how the Office intends to examine patent eligibility under the two-step Alice test ...
    United StatesIntellectual Property
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  • Article

    Invalidity Of A Patent Claiming Antibodies Characterized By Their Function In View Of Amgen

    Baxalta Inc. and Baxalta GmbH (Baxalta) appealed a district court decision that the claims of U.S. Patent No. 7,033,590 were invalid for lack of enablement.
    United StatesIntellectual Property
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  • Article

    JTEKT v. GKN: Federal Circuit Finds Competitor Lacks Standing To Appeal PTAB's Final Written Decision

    After determining that its competitor GKN's patent raised a potential risk of infringement for a product under development, JTEKT challenged the patentability of claims 1–7 of U.S. Patent No. 8,215,440 via inter partes review (IPR2016-00046).
    United StatesIntellectual Property
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  • Article

    Patent Assignments: Difficult Decisions In A Difficult Time

    Assignments are important and necessary because they protect the ownership interests in inventions and provide the right to prosecute patent applications and enforce patent rights.
    United StatesIntellectual Property
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  • Article

    PTAB Issues Two New Precedential And One Informative Opinions On Section 325(d)

    The PTAB recently designated two decisions as precedential and one decision as informative with respect to 35 U.S.C. § 325(d). These cases discuss the Board's process for deciding when to use their discretion to deny institution.
    United StatesIntellectual Property
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  • Article

    Short-Term Uncertainties After Arthrex

    We conclude that challenges under these circumstances should be incentivized at the appellate level and accordingly the remedy provided is appropriate.
    United StatesIntellectual Property
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  • Article

    The Limits Of Inherency In Product-By-Process Claims, And When Is An Isolated Cell Actually A Population?

    Jadi Cell, LLC ("Jadi Cell") is the owner of US Patent No. 9,803,176, which is directed to stem cells with specific markers ("the Claimed Cells").
    United StatesIntellectual Property
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  • Article

    The PTAB Radically Changes Its Approach To Discretionary Denials

    Over the past several months the PTAB has dramatically increased the number of discretionary denials of Petitions for Inter Partes Review (IPR). The extent of, and varying rationales for, the discretionary denials...
    United StatesIntellectual Property
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  • Article

    The United States Copyright Office Issues Policy Statement On Works Which Contain Material Generated By Artificial Intelligence

    The U.S. Copyright Office has clarified its examination and registration practices for works that were produced with the assistance of artificial intelligence...
    United StatesIntellectual Property
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  • Article

    WesternGeco – Impacts Lost Profits Beyond 35 U.S.C. 271(f) Infringement

    The Supreme Court found Ion Geophysical Corp. (Ion) responsible for profits WesternGeco LLC. lost as a result of Ion's supplying to foreign buyers the parts necessary to assemble the patented...
    United StatesIntellectual Property
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  • Article

    ALJ Elliot Issues Initial Determination Of No Violation Of Section 337 In Certain Digital Video-Capable Devices (337-TA-1224)

    On December 20, 2021, ALJ Cameron Elliot issued the public version (Part I, Part II) of his final initial determination ("ID") of no violation of section 337 in Certain Digital Video-Capable Devices and Components Thereof (Inv. 337-TA-1224).
    United StatesIntellectual Property
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  • Article

    Amgen Wins Right To Market Mvasi™ — Federal Circuit Interprets BPCIA Provision Regarding Notice

    In 2013, the U.S. enacted the Biologics Price Competition and Innovation Act ("BPCIA"), 42 U.S.C. § 262 to allow for abbreviated biologics license applications ("aBLA") ...
    United StatesIntellectual Property
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  • Article

    Can A Court Rewrite Claim Language During Claim Construction? If You Don't Ask For It, You'll Never Know (Pavo Solutions, Part I)

    In Pavo Solutions v. Kingston Technology (June 2022), the Federal Circuit rewrote claim language in the asserted patent by changing the claim element "for pivoting" from case to cover.
    United StatesIntellectual Property
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