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Patents Fraud

WilmerHale

Federal Circuit Patent Watch: Ordering In-Person Appearance to Testify Regarding Potential Fraud on the Court is within Court's...

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) - Hughes, J. The Court affirmed the District Court’s orders (1)...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2024 #3

Backertop Licensing LLC v. Canary Connect, Inc., Appeal Nos. 2023-2367, -2368, 2024-1016, -1017 (Fed. Cir. July 16, 2024) Our case of the week focuses on the inherent power of the district courts to investigate fraud and...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

Kaufman & Canoles on

Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

AEON Law

Patent Poetry: Patent and Trademark Offices Publish Study on NFT IP Issues

AEON Law on

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June...more

K&L Gates LLP

Fraud May Not Always Unravel All–What Does the Contract Say?

K&L Gates LLP on

Introduction - In the recent case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC), the English High Court has determined that a limitation of liability clause in a...more

McDermott Will & Emery

Rules of Evidence Require Weighing Relevance of Evidence Against Potential Prejudice

The US Court of Appeals for the First Circuit affirmed the exclusion of a drug patent in a medical malpractice case, finding that the highly technical language of the patent would more likely confuse a lay jury than be...more

McDermott Will & Emery

Scattered Disclosures May Not Lead to Inference of Fraud in FCA Claim

The US Court of Appeals for the Ninth Circuit denied a petition for panel rehearing and rehearing en banc and issued an amended opinion that reversed a district court’s decision regarding the False Claims Act’s (FCA) public...more

Health Care Compliance Association (HCCA)

In This Month’s E-News: January 2024

The Department of Commerce and the National Institute of Standards and Technology are requesting comments on a “draft guidance framework designed to help federal agencies evaluate when it may be appropriate to exercise...more

Jones Day

District Court Awards Sanctions for False RPI Identification

Jones Day on

The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest.  While that might seem like a mere formality, a false disclosure can lead to very harsh consequences....more

WilmerHale

PTAB/USPTO Update - September 2021

WilmerHale on

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director. ...more

Holland & Knight LLP

Patent Directed to Countering Credit Card Fraud is an Invalid Abstract Idea Under Section 101

Holland & Knight LLP on

In the case of In Re: SARADA MOHAPATRA, Appellant, No. 2020-1935, 2021 WL 408755 (Fed. Cir. Feb. 5, 2021), Sarada Mohapatra sought to overturn a decision of the Patent Trial and Appeal Board (PTAB), holding that his patent...more

McDermott Will & Emery

Eighth Circuit Cools Off Antitrust Claims Based on Alleged Patent Fraud

The US Court of Appeals for the Eighth Circuit affirmed a grant of summary judgment dismissing antitrust and tortious interference claims based on fraudulent procurement of patents where the plaintiff failed to show a knowing...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2020

Fenwick & West LLP on

In This Issue - Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions - Interest in artificial intelligence has become so keen that questions previously found only in works...more

Health Care Compliance Association (HCCA)

Report on Research Compliance Volume 17, Number 6. In This Month's E-News: June 2020

Report on Research Compliance 17, no. 6 (June 2020) - A former assistant veterinary medicine professor at the University of Maryland will retract or correct seven papers published from 2013 to 2016 that contained reused or...more

Burr & Forman

"Trading" on Your Personal Information: Preventing Fraud and Unsolicited Communications Under the New Trademark Requirements

Burr & Forman on

The United States Patent and Trademark Office (“USPTO”) released new examination requirements that went into effect on February 15, 2020. One of the new requirements is to include an email address for the mark’s owner in the...more

Nutter McClennen & Fish LLP

5 Patent Law Petitions to Watch at the Supreme Court

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

Smart & Biggar

Apotex not permitted to plead promise-based invalidity grounds in Ontario section 8 lansoprazole action

Smart & Biggar on

This motion arose in the context of a section 8 action in which Apotex claims damages for delay in the issuance of its notice of compliance for its generic lansoprazole product (Takeda's PREVACID), due to prohibition...more

Knobbe Martens

Xitronix Corporation v. KLA-Tencor Corporation [Order]

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Newman, Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc. Summary: Judge Newman...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Mintz - Intellectual Property Viewpoints

The Importance of Getting Inventorship Right: A Cautionary Tale in Two Cases

U.S. patent law elevates the importance of “the inventor” to an extent unseen in the rest of the world. Unlike many other countries, ownership of patent applications in the United States initially vests in the inventors...more

King & Spalding

ITC Section 337 Update – August 2016

King & Spalding on

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

McDermott Will & Emery

If Considered Material, False Statements Made to Federal Regulatory Bodies Create Exposure to Criminal Liability - United States...

McDermott Will & Emery on

The U.S. Court of Appeals for the Tenth Circuit reversed a conviction for making a false statement to the U.S. Patent and Trademark Office (USPTO), holding that a false statement is not material if it could not influence the...more

Morrison & Foerster LLP

IP Newsletter - April 2015

In This Issue: - Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision - EU Copyright: No Resale of Digital Content Except for Software? - Qualcomm Agrees to $975 Million Fine and...more

McDermott Will & Emery

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

McDermott Will & Emery on

Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

Dorsey & Whitney LLP

US China Trade War Developments –Trade, False Claims Act, Patents, US/Chinese Antitrust And Securities

Dorsey & Whitney LLP on

On December 3, 2013, former Congressman Don Bonker of APCO and I will be speaking in Vancouver, Canada at a breakfast conference held by the American Chamber of Commerce on “The Trans-Pacific Partnership Demystified: A...more

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