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  • Article

    Cleveland Clinic - Another Black Eye For The Federal Circuit And Dissing The USPTO

    The clinic has filed minerals patent on this invention in an attempt to find a claim the Federal Circuit would find to be patent ineligible.
    United StatesIntellectual Property
    Oblon
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  • Article

    Federal Circuit Finds A Diagnostic Method Ineligible Under Section 101

    In another diagnostic method dispute, the Federal Circuit found the asserted patent claims ineligible under 35 U.S.C. Section 101.
    United StatesIntellectual Property
    Oblon
    Oblon
Article

In Patent Eligibility It's The Claim That Is The Name Of The Game*

Recently Judge Connolly, Chief Judge of the District Court of Delaware had an opportunity of deciding three motions for summary judgment filed by CareDX...
United StatesIntellectual Property
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  • Article

    PTAB Trends And Predictions: Looking Back At 2020 And Forward To 2021

    2020 was a busy year at the PTAB. Despite the many issues facing us all during the COVID-19 pandemic, the overall number of AIA-trial filings increased in fiscal year 2020...
    United StatesIntellectual Property
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  • Article

    PTAB Updates: USPTO Issues Update On Fintiv Practice And Provides Further Guidance On The Interim Director Review Process

    It's been a busy few days for Director Vidal and the USPTO, with the Office providing updated guidance on how the PTAB will apply its discretion under Fintiv when considering post-grant petitions...
    United StatesIntellectual Property
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  • Article

    Still Receiving Alice Rejections? Time To Revisit USPTO Guidance

    Alice Corp v. CLS Bank Int'l, 134 S. Ct. 2347 (2014) sent rejections under 35 U.S.C. § 101 skyrocketing from under 10,000 per year prior to the Alice decision to nearly 35,000 the year the Supreme Court...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    The Personal Jurisdiction Burden

    Patent owners are often faced with the pre-lawsuit decision of whom to sue for patent infringement.
    United StatesIntellectual Property
    Oblon
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  • Article

    USPTO DOCX Transition Update

    Our previous communications of September 17, 2021, November 19, 2021, and April 27, 2022 (each attached for your reference) provided information on the U.S. Patent and Trademark Office (USPTO)'s...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ITC Institutes Investigation (337-TA-1139) Regarding Certain Electronic Nicotine Delivery Systems

    The Notice of Investigation further indicates that the Office of Unfair Import Investigations will participate as a party in the investigation.
    United StatesInternational Law
    Oblon
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  • Article

    The CAFC Backs The FTC View On Listing Device Patents In The Orange Book

    On December 20 the Federal Circuit in Teva Branded Pharmaceutical Products R&D, Inc. (Teva) v. Amneal Pharmaceuticals (Amneal) affirmed the district court's decision that medical devices...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Oblon
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  • Article

    As The Climate For U.S. Patents Turns Brighter, Now Is The Right Time To Invest In These Assets

    An article by Philippe Signore titled "As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets" is published in IPWatchdog.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Broadest Reasonable Interpretation, Not Broadest Possible Interpretation

    On May 2, 2023, the Patent Trial and Appeal Board (PTAB) reversed the Examiner's rejection of a claim directed to a method of creating an immobilized DNA library...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Obviousness Must Consider Function / Intended Use Of Prior Art Device

    On July 22, 2022, the Patent Trial and Appeal Board (PTAB) reversed an examiner's assertion of obviousness in the case of Ex parte Jaeger (Appeal 2021-002641, USSN 15/559,117).
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Bell Semiconductor Files New 337 Complaint Regarding Electronic Devices And Semiconductor Devices With Timing-Aware Dummy Fill

    On April 28, 2022, Bell Semiconductor, LLC of Bethlehem, Pennsylvania ("Bell Semic") filed a complaint requesting that the ITC commence an investigation pursuant to section 337.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Chief ALJ Bullock Issues Initial Determination In Certain Laparoscopic Surgical Staplers (337-TA-1167)

    On June 29, 2021, Chief ALJ Charles E. Bullock issued the public version (Part I, Part II, Part III) of his final initial determination ("ID") finding a violation of section 337...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Distribution Of Certain Materials To Groups Of People Without Restriction May Render Such Materials Printed Publications Under § 102(B)

    The Federal Circuit affirmed in-part and vacated in-part the PTAB's (the Board) decision that the petitioner, Medtronic, Inc., had not proven that the challenged patent claims were unpatentable.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Federal Circuit Affirms Finding Of Violation In Certain Microfluidic Systems (337-TA-1100)

    On April 29, 2021 the the U.S. Court of Appeals for the Federal Circuit issued its opinion affirming the ITC's finding of a violation of section 337 in Certain Microfluidic Systems...
    United StatesIntellectual Property
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  • Article

    Federal Circuit Holds That Foreign Companies Accused Of Patent Infringement Remain Unprotected By U.S. Venue Laws

    As we discussed last year, the U.S. Supreme Court's decision in TC Heartland LLC v. Kraft Food Grp. Brands LLC, 137 S. Ct. 1514 (2017) significantly limited where patent infringement actions...
    United StatesIntellectual Property
    Oblon
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  • Article

    Indefiniteness: Bad Translation, Lack Of Definition Or Both?

    The Federal Circuit affirms the lower court ruling that "half-liquid" translated from the original Italian "semiliquido" is indefinite in IBSA Institut Biochimique, S.A., Altergon, S.A., ...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Microsoft V. Philips (PTAB, May 22, 2018) (Article In Korean)

    미국 특허심판원(PTAB)의 자명성 공격이나 미국 특허청(USPTO) 심사관의 거절에 대응하는 일은 까다로울 수 있습니다. KSR v. Teleflex 사건(2007년)에서 대법원은 자명성이라
    United StatesIntellectual Property
    Oblon
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  • Showing 561–580 of 699 results

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