November, 14th, 2017
Categories: Articles, Blog Tags: CAFC, chemical, litigation, patent, precedential, PTAB, USPTO
By Christopher J. Stankus Patent prosecution attorneys are well aware of their duty of candor to the PTO. However, in Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346 (Fed. Cir. July 27, 2017), the Federal Circuit [Read More…]
September, 11th, 2017
Categories: Articles, Blog Tags: 101, CAFC, computer, litigation, patent, PTAB, software
By Stephen Ball At issue was a Motion for Summary Judgment that certain claims of U.S. Patent Nos. 5,960,032 (the “‘032 patent”) and RE41,490 (the “‘490 patent”) are patent-ineligible under 35 U.S.C. § 101. Intellectual [Read More…]
August, 8th, 2017
Categories: Articles, Blog Tags: CAFC, precedential, trademark, TTAB, USPTO
By Christopher J. Stankus On July 27, 2017, the Federal Circuit vacated and remanded for reconsideration the TTAB’s finding that the mark EARNHARDT COLLECTION is not primarily merely a surname because it was unclear whether [Read More…]
July, 14th, 2017
Categories: Articles, Blog Tags: CAFC, litigation, precedential, trademark, TTAB, USPTO
By Chelsea A. Russell On June 19, 2017, the Supreme Court expanded trademark protection in its much-awaited ruling of Matel v. Tam, 582 US ___ (2017). The Lanham Act has long held that a trademark [Read More…]
July, 14th, 2017
Categories: Articles, Blog Tags: CAFC, chemical, IPR, litigation, patent, precedential, PTAB, RCE, USPTO
By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]
June, 27th, 2017
Categories: Articles, Blog Tags: CAFC, IPR, litigation, PTAB, USPTO
By Robert D. Keeler Congress established inter partes review (“IPR”) as a less expensive, more efficient method of challenging the validity of a patent. Indeed, Congress explained that the IPR is a “complete[] substitute for [Read More…]
June, 7th, 2017
Categories: Articles, Blog Tags: CAFC, precedential, trademark, TTAB
By Michael J. Kosma In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit was “perplexed” by the TTAB’s finding that Phelp’s INSIGNIA wine has no “fame,” giving no [Read More…]
May, 19th, 2017
Categories: Articles, Blog Tags: 101, CAFC, litigation, patent, PTAB, software
By Stephen Ball For practitioners who specialize in computer-implemented inventions, the last several years have been challenging while the USPTO has struggled to consistently apply precedent defining the scope of patentable subject matter. Internet-based technologies [Read More…]
May, 9th, 2017
Categories: Articles, Blog Tags: CAFC, computer, IPR, litigation, patent, precedential, PTAB, USPTO
By Benjamin N. Luehrs A patentee can overcome obvious-type rejections by establishing that a prior art reference “teaches away” from the applicant’s invention. This argument is often difficult to make, however. Unless the prior art [Read More…]
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