Contributors: Akin Gump Strauss Hauer & Feld LLP Admission in Specification Dooms Organ Transplant Patents Under § 101 by Daniel L. Moffett, Matthew George Hartman, Shawn Bastani (Law Clerk) District Court, 35 U.S.C. § 101, District of Delaware October 4, 2021 The United States District Court for the District... read more →
Dec
30
Dec
30
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 ▪ Must Invention Conception be Immaculate? - On July 28, 2021, Prof. Dennis Crouch discussed... read more →
Nov
02
Contributors: Knobbe Martens Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents in Creating a New Software Platform In Google LLC v. Oracle America, Inc., Appeal No. 18-956, the Supreme Court held that, where use... read more →
Nov
02
Contributors: Knobbe Martens Court Grants Relief From Judgment After Witness Lies About the Bed of Its Own Making In Cap Export, LLC v. Zinus, Inc., Appeal No. 20-2087, the Federal Circuit held that a judgment and injunction were properly set aside pursuant to FRCP 60(b)(3) when it was discovered... read more →
Nov
02
Contributors: Knobbe Martens Bulk-Filed Patent Applications Claiming Distant Priority Trigger Prosecution Laches by Nima Zargari In Hyatt v. Hirshfeld, Appeal No. 18-2390, the Federal Circuit held that the PTO met its burden to prove prosecution laches for bulk-filed patent applications claiming priority to applications more than six years old.... read more →
Nov
02
Contributors: Akin Gump Strauss Hauer & Feld LLP Failure to Identify Prior Art Disclosure of a Limiting Preamble Dooms IPR Petition by Jonathan James Underwood & Rubén H. Muñoz Patent Trial and Appeal Board, Inter Partes Review, Prior Art May 27, 2021 The Patent Trial and Appeal Board denied... read more →
Nov
02
Contributors: Akin Gump Strauss Hauer & Feld LLP Statements in Form 10-K Lead to Successful Discovery Motion of Product Sales Before PTAB by Jonathan James Underwood & Rubén H. Muñoz Patent Trial and Appeal Board, Inter Partes Review June 14, 2021 Following institution of inter partes review, the Patent... read more →
Nov
02
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 ▪ Perjury Can Be Costly - On May 6, 2021, Prof. Dennis Crouch discussed Cap... read more →
Sep
23
Earn up to 16.0 Hours of MCLE, which includes 1.0 Hour of Legal Ethics, 1.0 Hour Competence Issues, 1.0 Hour of Recognition and Elimination of Bias in The Legal Profession and Society at this year's CLA IP Institute. In its 45th year the, the California Lawyers Association Intellectual Property Law... read more →
Aug
04
Contributed by Knobbe Martens Grammar School: District Court Erred in Departing from Claim Language to Adopt Construction that Encompassed All Disclosed Embodiments In Simo Holdings Inc. v. Hong Kong Ucloudlink Network, Appeal No.19-2411, the Federal Circuit held that a claim construction that excludes an embodiment disclosed in the specification... read more →