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Bodman

Federal Circuit Reinforces Implications of the On-Sale Bar for Patent Owners

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The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law....more

Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

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As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

Irwin IP LLP

Double Trouble? Some Double Patenting Woes Resolved 

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Allergan USA v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. Aug. 13, 2024) - On August 13, 2024, the Federal Circuit reversed a district court’s decision that a patent was invalid for obviousness-type double...more

MoFo Life Sciences

Federal Circuit Clarifies Scope Of Obviousness-Type Double Patenting In Allergan USA V. MSN Laboratories

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On August 13, 2024, the U.S. Court of Appeals for the Federal Circuit issued a welcomed decision to patentees in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (Fed. Cir. 2024) clarifying the scope of...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

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The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues AI Subject Matter Eligibility Guidance

The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more

Kilpatrick

3 Key Takeaways | Corporate Perspectives on Intellectual Property

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Kilpatrick partners Brian Axelrad, Jeff Hechtman, and Brenda Holmes recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Corporate Perspectives on Intellectual Property.” They...more

Morgan Lewis

Breaking Down the USPTO’s Not-So-Obvious Obviousness Guidelines

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The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

Quarles & Brady LLP

The Moving Target of Partial Design Protection Under Chinese Law

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As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends: Global Design Law and Policy: Gains and Setbacks in Protecting Digital and...

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. In general the changes bend toward greater alignment and the emergence of...more

Jones Day

En Banc Federal Circuit Questions Standard for Design Patent Obviousness

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Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends

This Year in Review synthesizes key events and decisions from 2023 into a digestible guide that we hope will serve as a helpful reference for those who practice before, or adjacent to, the PTAB. As in the past, many of our...more

Williams Mullen

[Webinar] 2024 North Carolina CLE Institute - February 9th, 9:00 am - 2:00 pm ET

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Join us for the 2024 North Carolina CLE Institute, Hosted by Williams Mullen, a virtual legal education program designed to provide timely legal guidance and help you to secure your CLE credits....more

Knobbe Martens

Federal Circuit Says Extrinsic Evidence Should Have Been Considered in Claim Construction

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In a recent precedential opinion, the Court of Appeals for the Federal Circuit vacated an infringement judgement against Mylan (Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 2022-1889, Fed. Cir. Nov. 6,...more

Cooley LLP

European Patent Office Makes Major Changes in Priority Entitlement

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The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a new dual decision – G1/22 and G2/22 – dealing with the assessment of priority rights at the EPO. The decision represents a significant break from...more

Goodwin

Some Much-Needed (Applicant-Friendly) Clarification on Priority Claims at the European Patent Office

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On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the...more

Kilpatrick

PTAB Update! USPTO Proposes New Rules and SOP4 on Internal Circulation and Review of PTAB Decisions

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The USPTO published a Notice of Proposed Rulemaking (NPR) on Friday proposing new rules governing pre-issuance internal circulation and review of decisions within the PTAB. 88 Fed. Reg. 69578-69583 (Oct. 6, 2023). The Office...more

Morgan Lewis

Federal Circuit Lowers Bar for Proving Design Patent Infringement

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In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an...more

Quarles & Brady LLP

Design Patents are Heating Up at the Federal Circuit, Again

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Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear...more

Kilpatrick

No Magic Words Required: Clarifying What Constitutes “Analogous Art” in PTAB Proceedings

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PTAB petitioners frequently assert that claims are invalid as obvious over a combination of prior art references. A threshold requirement in any obviousness inquiry is whether the prior art constitutes analogous art. On...more

Stikeman Elliott LLP

Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

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CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as...more

A&O Shearman

What does the UPC mean for patent litigation?

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When, finally, the UPC goes live on 1 June 2023, it will be a game changer for European patent litigation. The UPC will improve efficiencies for organisations who usually litigate in multiple European jurisdictions. With one...more

Bradley Arant Boult Cummings LLP

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.    In 2016, National Concession...more

Haug Partners LLP

A U.S. View on the UPC – Part 1: The Basic Case Structure of an Infringement Action

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On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more

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