PTAB: Petitioner Not Obliged to Address Evidence of Object Indicia That is Neither Tethered to the Claim nor Previously Found Persuasive by Jonathan James Underwood & Rubén H. Muñoz, Akin Gump Strauss Hauer & Feld LLP Patent Trial and Appeal Board, Inter Partes Review, Non-Obviousness, America Invents Act March 5,... read more →
Aug
04
Aug
04
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 April 30, 2021, Prof. Dennis Crouch discussed Bio-Rad Laboratories, Inc. v. ITC, slip... read more →
Mar
14
Non-Disclosure Agreement Controls Ownership of Patents Arising From Confidential Information Received Thereunder In Sionyx LLC v. Hamamatsu Photonics K.K., Appeal No. 19-2359, the Federal Circuit held that a party who discloses confidential information pursuant to an NDA may be entitled to ownership of U.S. and foreign patents filed by the... read more →
Mar
14
Patent Owner Granted Leave in IPR to Seek Correction of Claims Held Indefinite in Parallel District Court Litigation by Rubén H. Muñoz, Akin Gump Strauss Hauer & Feld LLP Patent Trial and Appeal Board, District Court, Inter Partes Review January 29, 2021 The Patent Trial and Appeal Board... read more →
Mar
14
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 September 28, 2020, David Hricik discussed the USPTO’s proposal for voluntary CLE for... read more →
Dec
28
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 →
Dec
28
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 →
Dec
28
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 →
Nov
05
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 →
Sep
27
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 →