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Nov 08

District Court & PTAB Happenings – November 2017

PTAB Declines Request to Review Method of Treating Lymphoma Claim  By: Matthew George Hartman, Akin Gump A Patent Trial and Appeal Board (PTAB) panel declined to institute an inter partes review (IPR) of a claim directed to a method for treating low grade B-cell non-Hodgkin’s lymphoma. The challenged method required... read more →
  • November 8, 2017
  • staff
  • News, Patent
Nov 08

Internet Sightings – November 2017

This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * In a post on October 6, 2017, Robert Schaffer and Joseph Robinson discuss a cautionary example of when an equivalent... read more →
  • November 8, 2017
  • staff
  • News, Patent
Oct 10

Federal Circuit Summaries – October 2017

Federal Circuit Reverses PTAB for Relying on Inherency, Rather Than Expectancy in Finding Claims Obvious In Honeywell Int’l Inc. v. Mexichem Amanco Holding S.A. DE C.V., Appeal No. 2016-1996, the Federal Circuit held that inherent, but unknown, properties of a composition may be nonobvious if those properties are unpredictable or... read more →
  • October 10, 2017
  • staff
  • Federal Circuit Summary, News, Patent, Trademark
Oct 10

District Court & PTAB Happenings – October 2017

PTAB Holds that a Pre-Filing Application for a Different Patent Is Not Prior Art Under Pre-AIA 35 U.S.C. § 102(a) By Clayton N. Matheson, Akin Gump  In Broad-Ocean Technologies, Inc. v. Regal Beloit America, Inc., No. IPR2017-00802 (PTAB Aug. 22, 2017), Broad-Ocean sought to institute an inter partes review (IPR)... read more →
  • October 10, 2017
  • staff
  • News, Patent
Oct 10

Internet Sightings – October 2017

This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * Christopher Hall’s article on August 16, 2017 discusses one way to handle rejections of patent claims as falling on an... read more →
  • October 10, 2017
  • staff
  • News, Patent
Aug 28

District Court & PTAB Highlights – August 2017

Evidence of Unexpected Results Key to Grant of Substitute Claims in Inter Partes Review Proceeding By Melissa R. Gibson, Akin Gump  In Valeo North America, Inc. v. Schaeffler Tech. AG & CO. KG, after finding that all original claims of the patent were unpatentable during an inter partes review (IPR)... read more →
  • August 28, 2017
  • staff
  • News, Patent
Aug 25

Federal Circuit Case Summaries August 2017

Summaries of recent reported decisions of the Federal Circuit prepared by Irfan Lateef.   District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district court abused its discretion... read more →
  • August 25, 2017
  • staff
  • Federal Circuit Summary, News, Patent
Jul 15

Federal Circuit Case Summaries July 2017

Summaries of recent reported decisions of the Federal Circuit prepared by Irfan Lateef.   District Court’s Remand to State Court Was Unreviewable In Preston v. Nagel, Appeal No. 2016-1524, the Federal Circuit rejected a proposed exception to 28 U.S.C. § 1447(d), which bars review of an order remanding a case... read more →
  • July 15, 2017
  • staff
  • Federal Circuit Summary, News, Patent
Apr 26

Federal Circuit Case Summaries April 2017

Summaries of recent reported decisions of the Federal Circuit prepared by Irfan Lateef. Federal Circuit Reverses Finding of Infringement Where Patentee Fails to Overcome Strong Presumption That Markush Groups Are Closed In Shire Development, LLC v. Watson Pharmaceuticals, Inc., Appeal No. 2016-1785, the Federal Circuit reversed and remanded a district... read more →
  • April 26, 2017
  • staff
  • Federal Circuit Summary
Feb 22
OCIPLA submits amicus brief to The United States Supreme Court in TC Heartand

OCIPLA Submits Amicus Brief To The United States Supreme Court In TC Heartland

In patent litigation, the question of whether venue is proper often turns on whether a defendant resides in the forum.  The patent venue statute, 28 U.S.C. § 1400(b), provides that an “action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant... read more →
  • February 22, 2017
  • staff
  • Amicus Briefs, Patent
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