571-765-7700
Continuation Patent Applications at Risk
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Inventors cannot rely on term extension due to Patent Office delays
IPR Claim Constructions Open Door to New Argument and Evidence in Reply
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Petitioner permitted to go beyond petition to rebut Patent Owner’s alternate claim construction
Patent Claim to a “Therapeutically Effective” Dose Remains Valid Even If It Might Kill Patients
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Federal Circuit notes safety and effectiveness of patented medicines are the domain of the FDA not the USPTO
Hormel Saves Its Bacon
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Suggestion of another option for preheating bacon, made before the true invention occurred, did not rise to the level of an inventive contribution
If the IPR Doesn’t Kill the Patent, There’s Always District Court
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Toothless application of IPR estoppel allows losing patent challengers to challenge claims again in district court
APA Does Not Require PTAB to Make Express Credibility Determinations
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Anti-cancer, anti-viral patent invalidated despite contention its expert was ignored
Looks Like a Public Use
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Utility patent for plant variety denied due to display at private event
“Enlarged Chamber” Doesn’t Have to be Larger Than Something Else
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Chamber defined by its function rather than its relative size
Foreign Defendant Can’t Select Forum for Lawsuit
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Post-suit-consent to jurisdiction does not matter
In-House Counsel Denied Full Participation in Lawsuit
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Federal Circuit says it can’t review order denying access to source code until the lawsuit it over
Continuation Patent Applications at Risk
|
Inventors cannot rely on term extension due to Patent Office delays
IPR Claim Constructions Open Door to New Argument and Evidence in Reply
|
Petitioner permitted to go beyond petition to rebut Patent Owner’s alternate claim construction
Patent Claim to a “Therapeutically Effective” Dose Remains Valid Even If It Might Kill Patients
|
Federal Circuit notes safety and effectiveness of patented medicines are the domain of the FDA not the USPTO
Hormel Saves Its Bacon
|
Suggestion of another option for preheating bacon, made before the true invention occurred, did not rise to the level of an inventive contribution
If the IPR Doesn’t Kill the Patent, There’s Always District Court
|
Toothless application of IPR estoppel allows losing patent challengers to challenge claims again in district court
APA Does Not Require PTAB to Make Express Credibility Determinations
|
Anti-cancer, anti-viral patent invalidated despite contention its expert was ignored
Looks Like a Public Use
|
Utility patent for plant variety denied due to display at private event
“Enlarged Chamber” Doesn’t Have to be Larger Than Something Else
|
Chamber defined by its function rather than its relative size
Foreign Defendant Can’t Select Forum for Lawsuit
|
Post-suit-consent to jurisdiction does not matter
In-House Counsel Denied Full Participation in Lawsuit
|
Federal Circuit says it can’t review order denying access to source code until the lawsuit it over