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  • Article

    Federal Circuit Okays PTAB Practice of Reviewing Fewer Than All Challenged Claims in IPR

    In a recent decision, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) acted properly in issuing a final decision
    United StatesLitigation, Mediation & Arbitration
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Rules That PTAB May Base AIA Trial Decision On Facts Outside Petition For Review

    The patent owner, Genzyme, owns two patents relating to the treatment of Pompe's disease, a malady caused by the inability of a patient to metabolize glycogen, by administering a modified lysomal enzyme acid, α-glucosidase.
    United StatesIntellectual Property
Brooks Kushman P.C.
Brooks Kushman P.C.
  • Article

    Navigating The Crossroads: Intellectual Property Protection And Traditional Knowledge

    The intersection of traditional knowledge and intellectual property (IP) presents a challenging dichotomy for global legal systems.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Navigating The Complexities Of Software Patents: Controller Claims And Eligibility

    In the rapidly evolving landscape of software patents, inventors and patent practitioners face ongoing challenges in two critical areas: creating effective controller/processor claims to avoid 35 U.S.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Patent Applicants Must Pay USPTO's Legal Fees for Appeals to District Court Under 35 U.S.C. §145

    The U.S. Court of Appeals for the Federal Circuit has held that an applicant for patent who pursues an appeal to the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. §145 must pay the USPTO's legal fees in defending the appeal...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Claim Limitation Reciting Unspecified ‘Requirements" Indefinite Under § 112(B)

    The U.S. Court of Appeals for the Federal Circuit affirmed a district court ruling that a claim in Intellectual Ventures I LLC's patent covering an "application-aware resource allocator"...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Tackles Post-SAS Procedural Tangles – Rules That Patent Owner May Request Remand, Did Not Waive Challenge To Partial Final Written Decision

    In the wake of the Supreme Court's decision in SAS Institute Inc. v. Iancu, 584 U.S. __, 138 S.Ct. 1348 (2018), ruling that 35 U.S.C. § 318(a) requires the PTAB's final written decision ("FWD") in an inter partes review...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Limits Design Patent Damages, Vacates Apple's $399 Million Award Against Samsung

    In a 8-0 ruling, the U.S. Supreme Court ruled that damages for infringement of design patents under 35 U.S.C. § 289 can be limited to the defendant's "total profits"...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    The Federal Circuit Opened ITC Enforcement To Companies With Foreign Manufacturing

    The Federal Circuit's recent decision in Lashify, Inc. v. International Trade Commission presents a critical development in the enforcement of intellectual property rights...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    DMCA Disarray! Comply with Evolving Online Copyright Law

    Since the dawn of the Digital Millennium Copyright Act ("DMCA") twenty years ago, Online Service Providers ("OSPs") and copyright owners have found themselves at odds.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    In Win For Brooks Kushman Client Ancora Technologies, Federal Circuit Rules That Software Security Invention Is Patent-Eligible

    Ancora Technologies, Inc. v. HTC America, Inc., No. 2018-1404 (Fed. Cir. Nov. 16, 2018).
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    PTAB Designates Two New Informative Decisions Addressing Its Discretion To Deny Review Under 35 U.S.C. § 325(D) Based On Prior Examination

    The PTAB recently designated two decisions as informative that concern its discretion to deny institution of an IPR/CBM petition. Under 35 U.S.C. § 325(d), "In determining whether to institute or order a proceeding...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Rules That Assignor Estoppel Does Not Apply To IPR Petitions

    The Federal Circuit recently ruled that a petition for inter partes review is not barred by assignor estoppel when the petitioner is in privity with a co-inventor ...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    New USPTO Requirements And Fees For IDS Practice

    Effective as of January 19, 2025, the United States Patent and Trademark Office (USPTO) implemented new requirements and size fees for filing Information Disclosure Statements (IDSs).
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Video

    2025 Patent Prosecution Year In Review: Key Developments, Case Law, And Strategic Insights For Patent Attorneys (Video)

    AI Search Automated Pilot (ASAP!): Voluntary program using AI to provide up to 10 prioritized prior art references for certain utility applications. Impacts prosecution strategy and prior art analysis.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Four Years Later: The SEC's Latest Round Of Enforcement Actions Following The SolarWinds Breach

    Four years after the SolarWinds breach first became a major news item, the resulting aftermath of this incident is still being felt industry wide.
    United StatesCorporate/Commercial Law
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court To Consider Availability Of Extraterritorial Patent Infringement Damages

    On January 12, 2108, the U.S. Supreme Court agreed to hear an appeal addressing whether a patent owner proving infringement under 35 U.S.C. § 271(f) is entitled to damages suffered outside the United States...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Expands Copyright Protection Of Pictorial, Graphic, And Sculptural Works Found In Useful Articles

    On March 22, 2017, the Supreme Court established a standard for determining whether a design element incorporated into a useful article can be protected as a pictorial, graphic...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Rules That § 284 Permits Lost Profits Damages Based On Lost Foreign Sales

    In a decision considering the extraterritorial effect of the U.S. Patent Act, the Supreme Court has ruled that damages for patent infringement under 35 U.S.C. § 271(f)(2) can – in at least some cases ...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Navigating AI Compliance: How California's AB 2013 Reshapes GenAI Operations

    California's AB 2013 introduces substantial new compliance obligations for companies developing generative AI (GenAI) systems. While just enacted, the bill will require...
    United StatesTechnology
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Showing 61–80 of 136 results

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