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OCIPLA OCIPLA
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  • About
    • About OCIPLA
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Dec 28

Federal Circuit Summaries

Government’s Pre-Litigation Conduct Cannot Justify a Court of Claims Fee Award In Fastship, Llc V. Us., Appeal No. 19-2360, A Court of Claims fee award under 28 U.S.C. § 1498(a), turns on whether the government’s litigation conduct was substantially justified without regard to its pre-litigation conduct. The Court of Claims... read more →
  • December 28, 2020
  • staff
  • Federal Circuit Summary, Patent, Trademark
Dec 28

District Court & PTAB Happenings

Strength of Objective Indicia from Prior Litigation Overcomes Strong Obviousness Challenge in IPR by Andy Rosbrook, Matthew George Hartman & Rubén H. Muñoz Patent Trial and Appeal Board, Inter Partes Review, Obviousness Aug. 19, 2020 In a recent inter partes review (IPR), a patent owner overcame a facially persuasive obviousness... read more →
  • December 28, 2020
  • staff
  • Patent
Dec 28

Internet Sightings

by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. Patently-O – a patent law blog – Patentlyo.com ▪ On August 12, 2020, Prof. Dennis Crouch discussed a claim construction case considering whether a... read more →
  • December 28, 2020
  • staff
  • Patent, Trademark
Nov 05

OCIPLA Accepting Board Member Nominations

The Orange County Intellectual Property Law Association (OCIPLA) is currently accepting nominations for a first-year board member. To be considered, or to nominate a potential candidate, please email the OCIPLA Board of Directors at ocipla_board@ocipla.org. A non-profit organization founded in 1983, OCIPLA’s diverse membership includes intellectual property law practitioners, business... read more →
  • November 5, 2020
  • staff
  • News
Sep 27

Internet Sightings

by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues.   IPWatchdog – a patent law blog – IPwatchdog.com ▪ On May 24, 2020, Susan Russell and Paula Estrada de Martin posted an article... read more →
  • September 27, 2020
  • staff
  • Patent
Sep 27

Federal Circuit Summaries

$5 Million Attorneys’ Fee Award Affirmed Because Government’s Litigation Position Not Substantially Justified In HITKANSUT LLC V. UNITED STATES, Appeal No. 19-1884, the Federal Circuit held that fee-shifting under 28 U.S.C. § 1498(a) turns on whether “the position of the United States was substantially justified.”  The relevant inquiry is the government’s... read more →
  • September 27, 2020
  • staff
  • Federal Circuit Summary
Jun 06

Federal Circuit Summaries

Attorneys and Clients Behaving Badly – Deliberately Withheld Offer for Sale Is Inequitable Conduct In Gs Cleantech Corp. v. Adkins Energy LLC, Appeal No. 16-2231,withholding and obscuring evidence of a pre-critical date offer for sale rendered a patent unenforceable for inequitable conduct. On August 1, 2003, CleanTech sent Agri-Energy a... read more →
  • June 6, 2020
  • staff
  • Federal Circuit Summary, Patent, Trademark
Jun 05

District Court And PTAB Happenings

Cancellation of Patent Claims through Reexamination Insufficient to Mount Collateral Attack on Multimillion-Dollar Jury Verdict by Caitlin E. Olwell, Matthew George Hartman & Rubén H. Muñoz District Court, Reexamination Proceedings, Eastern District of Texas Mar. 02, 2020 Judge Gilstrap in the Eastern District of Texas has denied defendants’ motion to... read more →
  • June 5, 2020
  • staff
  • Patent
Jun 05

Internet Sightings

by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues.   Patently-O – a blog written by Dennis Crouch – www.patentlyo.com. ▪ On March 25, 2020, Professor Crouch discussed the combination of the transitional... read more →
  • June 5, 2020
  • staff
  • Patent
Apr 06

FEDERAL CIRCUIT SUMMARIES

Examiner Amendments Can Trigger Prosecution History Estoppel In Amgen, Inc. v. Amneal Pharms. LLC, Appeal No. 18-2414, the Federal Circuit held that an examiner amendment may give rise to prosecution history estoppel, even when the examiner suggests the amendment in the absence of a pending office action. Amgen sued multiple... read more →
  • April 6, 2020
  • staff
  • Patent
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Serving the Orange County Intellectual Property law community since 1983.

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Newport Beach, CA 92658

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