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Statute of Limitations › Intellectual Property Litigation › Patent Litigation

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
McDermott Will & Emery

Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes

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Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for...more

McNees Wallace & Nurick LLC

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

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Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring...more

BakerHostetler

Supreme Court to Consider Patent Laches in Wake of Copyright Laches Decision

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When we last discussed patent laches here, the Federal Circuit had voted to rehear, en banc, SCA Hygiene Products’ patent infringement claim, which invoked a laches defense. At that time, the Supreme Court had recently...more

McDermott Will & Emery

PTO Revival Rulings Are Not Subject to Collateral Attacks by Third Parties - Exela Pharma Sciences, LLC v. Lee

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Addressing whether third parties have the right to challenge a patent revival ruling by the U.S. Patent and Trademark Office (PTO) under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Federal...more

McDermott Will & Emery

Defense of Laches in Patent Cases to Be Reviewed En Banc - SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products,...

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The U.S. Court of Appeals for the Federal Circuit has order for en banc review of the defense of laches in patent cases in order to evaluate the impact of the Supreme Court’s laches decision in the copyright case Petrella v....more

McDermott Will & Emery

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

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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

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