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Industry Reports - More Updates
USA
Polsinelli
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7 Apr2021
Federal circuit finds oral presentations constitute printed publications in post-grant reviews
The US District Court of Appeals for the Federal Circuit has issued a precedential decision addressing what kinds of documents are considered to be publicly accessible and why the PTAB cannot hold that a claim is unpatentable based on a theory of unpatentability that was not presented by the challenger. Full text
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31 Mar2021
IP due diligence considerations in view of recent US case law
Recent Federal Circuit precedent has highlighted issues surrounding inventorship and the factors that IP holders should consider during the due diligence process. Full text
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3 Mar2021
Federal Circuit raises the enablement bar for antibody patents
The Federal Circuit has issued new guidance in light of Amgen v Sanofi, stating that patentees should take particular care to describe and claim various structural antibody features without relying solely on functional properties of those antibodies. Full text
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17 Feb2021
Growing complexity of ITC product redesign disputes could threaten rights holders
While the International Trade Commission has procedures to determine whether a new or redesigned product infringes the IP rights at issue and come under an exclusion order, determining this is a contested area, so rights holders should be well versed in the process. Full text
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10 Feb2021
The road less travelled for dispute resolution – the benefits of ENE in patent litigation
A dive into the merits of early neutral evaluation presents compelling reasons for why patent litigants should consider it as an early, cost-effective alternative in future cases. Full text
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27 Jan2021
Biden administration promises hard stance against Chinese IP abuses
US IP experts discuss what the Biden administration has in store for the IP world, including a more multilateral approach to US-China trade practices. Full text
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6 Jan2021
<em>Fintiv </em>and the increased need to be expeditious
Companies looking to leverage post-grant proceedings before the PTAB should file a petition as soon as practicable. US IP experts provide crucial information on how to do so. Full text