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Your search for ‘Harness, Dickey & Pierce, P.L.C.’ returned 45 results

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  • Article

    Hope Is Not Enough To Create A Reasonable Expectation Of Success

    The Federal Circuit noted that the record does not contain any clinical (human) data or pre-clinical (animal) data. It did not even include in vitro (test tube) data regarding erlotinib's effect on NSCLC.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Motivation To Combine Prior Art Can Come From Knowledge Of Those Skilled In The Art, The Art Itself, Or The Nature Of The Problem

    In Acoustic Technology, Inc. v. Itron Networked Solutions, Inc., the Federal Circuit affirmed the PTAB's determination in IPR2017-01024 that the challenged claim of U.S. Patent No. 6,509,841 was unpatentable,
    United StatesIntellectual Property
Harness, Dickey & Pierce, P.L.C.
Harness, Dickey & Pierce, P.L.C.
  • Article

    Plaintiff Who Dismissed Patent Infringement Case Still Must Pay Defendant's Attorneys' Fees

    The Federal Circuit rejected Blackbird's argument that the district court merely found its position "flawed" and not objectively baseless.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Licensee's Failure To Mark Licensed Products Limits Patent Owner's Recovery

    In Arctic Cat inc. v. Bombardier Recreational Products Inc., [2019-1080] (February 19, 2020), the Federal Circuit affirmed the district court's determination that the patent owner was not able to recover pre-suit damages.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Substantial Evidence Supported Jury Verdict That Not All Infringing Uses Were Reasonably Related To Developing And Submitting Information To The FDA

    In Amgen Inc. v. Hospira, Inc., [2019-1067, 2019-1102] (December 16, 2019), the Federal Circuit affirm.ed the district court's determination that Amgen's U.S. Patent No. 5,856,298 was infringed and not invalid
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Design Patent Infringement Is A Matter Of Appearance And Appearances

    Appearance and Appearances Nike recently sued Skechers for infringement of twelve of Nike's design patents.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    You Mess With Me, You Mess With My Whole (Patent) Family

    In Cheetah Omni LLC v. AT&T Services, Inc., [2019-1264] (February 6, 2020) the Federal Circuit affirmed the dismissal of claims for infringement of U.S. Patent No. 7,522,836.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Federal Circuit Asks PTAB To Give It A Go And Decide Whether Indefinite Claims Were Otherwise Patentable

    In Samsung Electronics America, Inc. v. Prisua Engineering Corp., 2019-1169, 2019-1260 (February 4, 2020) the Federal Circuit affirmed the PTAB determination that claim 11 of U.S.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Petitioner Allowed To Supplement Evidence That Reference Was Available

    In Telefonaktiebolaget LM Ericsson v. TCL Corp., [2017-2381, 2017-2385] (November 7, 2019) the Federal Circuit affirmed the Board's decision ...
    United StatesLitigation, Mediation & Arbitration
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Only An Expert Can Testify About What Would Be Obvious To A Non-Expert

    In HVLPO2, LLC, v. Oxygen Frog, LLC, [2019-1649] (February 5, 2020), the Federal Circuit reversed and remanded the district court's determination that U.S.
    United StatesLitigation, Mediation & Arbitration
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    OK, Campers, Here's How To Make Your Claim Preamble A Limitation

    In In re: David Fought, Martin Clanton, [2019-1127] (November 4, 2019) the Federal Circuit reversed the PTAB decision that claims 1 and 2 in U.S. Application Serial No. 13/507,528 were anticipated.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Oral Arguments In Peter v. NantKwest Suggest History And SCOTUS Favor Applicant's Position That Attorneys' Fees Are Not "Expenses"

    The Supreme Court began its 2019 Term on Monday with Peter v. NantKwest Inc. — a case of particular interest to patent applicants and their attorneys.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Award Of Attorneys' Fees Hinges On A Finding Of An Exceptional Case, Not An Exceptional Part Of A Case

    Section 285 provides that "[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party." 35 U.S.C. § 285.
    United StatesLitigation, Mediation & Arbitration
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Setting The Standard For Claim Drafting

    Claims often reference government or industry standards. Standards can change over time, however, which has the potential to change the scope of the claim unless it is understood that the meaning is fixed as of the filing date.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Campbell's Primary Reference In Design Patent Challenge Was Mmm Mmm Good

    In Campbell Soup Company v. Gamon Plus, Inc., the Federal Circuit affirmed in part, vacated in part, and remanded the Patent Trial and Appeal Board's determinations that U.S. Patent Nos. D612,646 and D621,645 ...
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Markush Groups Open to Additional Elements

    On appeal, Amgen challenged the district court's construction of a Markush group of binders
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Board Misreads Features Of The Claims, Fails To Appreciate A Technical Solution To A Technical Problem

    In SIPCO, LLC v. Emerson Electric Co., the Federal Circuit reversed the PTAB's construction of "low-power transceiver" and its finding that U.S. Patent No. 8,908,842 does not satisfy the second part of §42.301(b) ...
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Patent Owner's Praise For Other Inventions Destroyed Presumption Of Nexus Between Commercial Product And Claims

    Bicycle chainrings are the toothed disks to which the bicycle crankarms are attached, collectively forming the crankset.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Synthesizing And Screening Thousands Of Candidate Compounds Constitutes Undue Experimentation

    In Idenix Pharmaceuticals LLC. v. Gilead Sciences Inc., [2018-1691] (October 30, 2019), the Federal Circuit affirmed that U.S. Patent No. 7,608,597 was invalid for lack of enablement, and ...
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.
  • Article

    Happy New Year! Celebrating A New Year With Patents

    Celebrating the start of a new year and a new decade with patents.
    United StatesIntellectual Property
    Harness, Dickey & Pierce, P.L.C.
    Harness, Dickey & Pierce, P.L.C.

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