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  • Article

    The Federal Circuit Limits The Use Of The Patent Exhaustion Defense To "Authorized Acquirers"

    On February 10, 2015, the Court of Appeals for Federal Circuit in Helferich Patent Licensing v. NY Times and JCPenney reversed a district court decision holding that the doctrine of patent exhaustion barred a patentee’s claim of patent infringement.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Walk The Line? No, Keep A Safe Distance

    Imitation, they say, is the sincerest form of flattery. But in the trademark world, imitation is sincerely unwelcome.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Post Prosecution Pilot Program (P3)

    On July 11, 2016, the United States Patent and Trademark Office (Office) announced a new Post-Prosecution Pilot Program (P3) as part of the Enhanced Patent Quality Initiative.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Real Party-In-Interest In An IPR: The PTAB's Determination Is Final And Non-Appealable

    In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., the Federal Circuit discussed the non-appealable decision-making authority of the Patent Trial and Appeals Board (PTAB).
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Never Late Is Better: PTAB Denies Petitioners Motion In IPR After Missing Filing Deadline By Minutes

    Monosol filed a patent infringement suit against Teva in 2014 after Teva sought to market a generic version of Monosol's opiate addiction treatment drug, Suboxone.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Trade Dress Claim For Trampoline Unceremoniously Trampled

    In the recently decided case, Urban Group Exercise Consultants, Ltd. v. Dick's Sporting Goods, Inc., Urban Group claimed that Dick's Sporting Goods' sale of its "Jump Trainer" exercise trampoline infringed the former's unregistered trade dress in its "Urban Rebounder" exercise trampoline.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Brexit's Impact On Intellectual Property Rights In The United Kingdom

    On June 23, the United Kingdom (UK) voted to exit the European Union (EU) – a decisive move whimsically known as "Brexit."
    United KingdomIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Does An Off-Label, Non-Infringing Use Of A Drug Constitute A "Substantial Non-Infringing" Use Sufficient To Defeat A Claim For Contributory Patent Infringement?

    An accused defendant would contributorily infringe plaintiff’s patents for gabapentin despite defendant’s argument that off-label use of its generic product was evidence of noninfringing uses.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Method for New and Useful Laboratory Technique Involving Law of Nature is Patent-Eligible

    In vacating a District Court grant of summary judgment that a patent directed to a cryopreservation process was invalid under 35 U.S.C. § 101 for being directed to a patent-ineligible law of nature, the Federal Circuit held that the claims were patent eligible and directed to a new and useful method of preserving hepatocyte cells. - See more at: http://www.brinksgilson.com/method-for-new-and-useful-laboratory-technique-involving-law-of-nature-is-patent-eligible#sthash.ZfnRWfhE.dpuf
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    PTAB Decided To Institute IPR Filed After Statutory One Year Time Bar

    The PTAB recently decided to institute Inter Partes review filed by Samsung Electronics Co., Micron Technology, Inc., and SK Hynix, Inc. despite IPR petition was filed after the statutory one year period expired.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Supreme Court Rules That Patent Infringement Liability Based On Supply Of "A Substantial Portion" Of The Components Of An Invention Manufactured Abroad Requires More Than The Supply Of A Single Commodity Component Of The Invention

    On February 22, 2017, the Supreme Court issued its decision in Life Technologies Corp. v. Promega Corp. to address whether the act of supplying from the United States a single commodity component of a multicomponent...
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Supreme Court Upsets The Design-Patent Damages Apple Cart – Remands To Federal Circuit

    The Supreme Court remanded the case to the Federal Circuit for further proceedings consistent with its opinion. - See more at: http://www.brinksgilson.com/supreme-court-upsets-the-design-patent-damages-apple-cart-remands-to-federal-circuit#sthash.riO5gjMa.dpuf
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Will The PTO Change Their Motion To Amend Practices?

    The Federal Circuit granted Aqua Product Inc.'s en banc rehearing request on August 12, 2016.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Circuit Upholds Same-Day Continuations

    On June 21, 2016, the Federal Circuit, in Immersion Corp. v. HTC Corp., held that a patent application filed as a continuation of an earlier application on the issue date of the earlier application has been "filed before the patenting" of the earlier application, and therefore is entitled to the earlier application's filing date under 35 U.S.C. § 120.
    United StatesLitigation, Mediation & Arbitration
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    "Track B Initial Case Management Order" In The Eastern District of Texas

    The U.S. District Court for the Eastern District of Texas (EDTX) has issued a General Order for an alternative case management schedule that expedites disclosures in patent cases.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Is It Accessible? Internet Publications As CBM Prior Art

    Groupon argued that the Ratsimor paper was publicly available for viewing and downloading on the Internet from a university website.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Patent 101: What Is Patentable?

    One question innovators frequently ask is "What is a patentable invention?" This is an important question because patents confer legal rights that enable the patent owner to prevent others from making, using, selling, and offering for sale patented inventions.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    The Effect Of Daimler AG v. Bauman On Personal Jurisdiction In Hatch-Waxman Lawsuits

    In early 2014, the Supreme Court limited a plaintiff’s ability to sue a defendant under general jurisdiction.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Publicly Available Provisional Patent Applications May Not Be Prior Art

    A rejection under 35 USC § 102(e) relying upon the disclosure of a provisional application, which anticipates the rejected claim, may not be as iron-clad as one might think, and a provisional application that one filed may not become effective as prior art.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    U.S. Supreme Court Rules "Objective Reasonableness Factor" Important in Awarding Attorney's Fees in Copyright Litigation

    The U.S. Supreme Court's recent unanimous decision in Kirtsaeng v. John Wiley & Sons Inc. (Kirtsaeng II) gives a district court broad discretion when awarding attorney's fees under the statutory fee-shifting provision of the Copyright Act, 17 U.S.C. § 505.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione

Showing 141–160 of 271 results

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