Search results - found 149
Supreme Court issues long-awaited decision on obviousness (International reports)
In KSR v Teleflex the US Supreme Court has ruled that the teaching, suggestion or motivation test used by the Court of Appeals for the Federal Circuit makes it inordinately difficult for a challenger to invalidate patents for obviousness, thus shifting the balance of protection too far in favour of the patent holder.
Resurrecting the value of the opinion letter (International reports)
The Supreme Court recently held that Section 284 of the Patent Act “gives district courts the discretion to award enhanced damages... in egregious cases of misconduct beyond typical infringement”. In doing so, the court rejected the long-applied Seagate test as being “unduly rigid” and as “impermissibly encumbering the statutory grant of discretion to district courts”.
Modernising the non-disclosure agreement (International reports)
Patent attorneys are frequently asked to either to prepare or review non-disclosure agreements or confidential disclosure agreements. Occasionally, these agreements have negotiated terms or are presented to the disclosing party on a ‘take it or leave it’ basis. However, in all instances, there are terms that should be updated to reflect current business practices.
Federal Circuit rules losing parties may appeal issue noticed for review by ITC (International reports)
The Federal Circuit’s recent decision in General Electric Co v Int’l Trade Comm’n vindicates the right of a losing party to appeal any issue noticed for review by the International Trade Commission (ITC), regardless of whether the ITC actually decides the issue in its final determination.
The trademarking of politics (International reports)
The US primary season leading up to the 2016 presidential election is well underway. Political candidates and their supporters have been quietly filing trademark applications with an eye on commercial opportunities. However, as several applicants have been reminded, US trademarks that invoke the name of a living individual cannot be registered without that individual’s written consent.
Potential shift in landscape of university IP management (International reports)
The Association of University Technology Managers recently released its annual licensing activity survey of universities, hospitals and other research institutions nationwide. More than ever, academic research is fuelling impressive gains for local, state and national economies.
Federal Circuit unambiguously endorses references to patent drawings as 'exemplary embodiments' (International reports)
The Federal Circuit recently stated that a patent's use of the phrase ‘exemplary embodiments’ accentuates that the claimed invention is not limited to representations that are identical to those depicted in a patent’s drawings.
Jury award reduced drastically in Adidas Case (International reports)
In Adidas America Inc v Payless ShoeSource Inc the District Court for the District of Oregon applied its discretion in conducting its own analysis and arriving at a revised damages award. It drastically reduced a jury award for trademark and trade dress infringement from $305 million to $65 million.
Supreme Court to review laches in patent infringement cases (International reports)
The Supreme Court recently granted certiorari in SCA Hygiene Products Aktiebolag v First Quality Baby Products to consider whether the doctrine of laches can bar a claim for damages in patent infringement cases. This case follows a 2014 Supreme Court decision that laches could not be used to bar copyright infringement claims brought within the three-year limitation period.
'Injury-in-fact' standing required to appeal PTAB decision (International reports)
The Federal Circuit recently held that a petitioner challenging the validity of a patent in a Patent and Trademark Appeal Board (PTAB) inter partes review proceeding must have legal standing under Article III of the US Constitution to appeal an adverse PTAB decision upholding the challenged claims. Thus, only an individual suffering an injury in fact can appeal a PTAB decision to the Federal Circuit Court of Appeals.
ITC announces new ALJs and new public interest rules (International reports)
The US International Trade Commission (ITC) recently welcomed two new administrative law judges (ALJs), David P Shaw and Thomas Bernard Pender, bringing the total number of ITC ALJs back up to six. In addition, the ITC has announced new rules relating to the public interest, specifically "to gather more information on public interest issues arising from complaints filed with the Commission".
Drug manufacturers cannot avoid infringement by dividing method between physicians and patients (International reports)
The Federal Circuit recently stated that a physician may directly infringe a patented method for drug administration, even when the infringing steps are divided between the physician and patient. Specifically, the court held that infringement cannot be avoided when the physician "directs or controls" the patient to perform at least one step of the patented method.
Commercial arbitration awards possibly subject to increased judicial scrutiny (International reports)
Arbitration awards are reviewed by US courts on only limited grounds. In a writ of certiorari involving a patent licensing dispute, Dow AgroSciences, LLC is now asking the Supreme Court to reduce the deference that US courts give to arbitration tribunals.
Copyright Office requests public comments on safe harbour (International reports)
The Digital Millennium Copyright Act 1998 provides a system for copyright owners and online entities to address online copyright infringements. However, recent research indicates a doubling of infringing material accessed via the Internet from 2010 to 2012. As a result, the US Copyright Office is now seeking information on, among other things, the impact and effectiveness of the Digital Millennium Copyright Act's safe harbour provisions.
Louisiana Life Sciences Survey indicates continued growth (International reports)
The Louisiana Life Sciences Survey was recently released. Despite facing IP issues such as subject-matter patentability under Alice, Mayo and Myriad Genetics, the life sciences entrepreneurial environment continues to see significant growth and success.
Federal Circuit issues en banc decision in Ariad v Eli Lilly (International reports)
The Federal Circuit has upheld a previous panel decision of the court in Ariad Pharmaceuticals, Inc v Eli Lilly and Co. The court's decision held that the patent claims asserted against Eli Lilly for its drugs Evista and Xigris were invalid for lack of written description.
Federal Circuit refines standard for analogous art (International reports)
The Federal Circuit has refined the standard for what constitutes Section 103 analogous art . The court held that references outside of an applicant's field of endeavour are still reasonably pertinent, and therefore analogous art, if they have the same purpose as that of the claimed invention. This decision may well increase the amount of prior art assertable against a patent holder or applicant.
Suprema, Inc v ITC: Federal Circuit holds en banc hearing (International reports)
The en banc Federal Circuit has heard oral argument in a case with significant implications for the scope of the authority of the International Trade Commission (ITC) authority over claims of induced patent infringement. The argument suggested that the court could continue to allow the ITC to remedy infringement of method claims based on a theory of induced infringement.
Another genetic testing patent found invalid (International reports)
In Genetic Technologies Ltd v Merial LLC the Federal Circuit has upheld the lower court's dismissal of patent infringement claims based on methods of detecting genetic variations. The court held that the claims for analysing DNA for linkage disequilibrium were effectively claiming a law of nature, and thus were patent ineligible.
Card game too abstract to be patentable (International reports)
The Federal Circuit has upheld the Patent Trial and Appeals Board's rejection of patent claims for a variation of the card game blackjack. The court noted that the new game merely used a standard deck of cards and that claims directed to conducting a game using a new or original deck of cards could potentially survive the Alice abstract subject-matter test.
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