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Results: 1-10 of 154

False marking update: the beginning of the end or the end of the beginning?

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 29 2011

In late 2009, the Federal Circuit’s unexpected opinion in Forest Group, Inc. v. Bon Tool Co. spawned a flood of false marking cases

What's behind the curtain? Exposing the case up front with Twombly and Iqbal

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 4 2010

For decades, litigants essentially had a free ride, comforting themselves that "notice pleading" required only "a short and plain statement of the claim."

USPTO seeks comments on rules for ex parte patent appeals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 16 2010

The U.S. Patent and Trademark Office (USPTO) has issued a notice of proposed rulemaking that seeks public comments on proposed new revisions to current procedures governing practice before the Board of Patent Appeals and Interferences

Federal Circuit finds no limitation on new evidence in civil patent actions filed in district court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 18 2010

A divided en banc Federal Circuit Court of Appeals has determined that patent applicants who are dissatisfied with a Board of Patent Appeals (Board) determination and decide to pursue their claims in federal court under 35 U.S.C. 145, face no limitations on the right to introduce new evidence other than those pertaining to all civil actions under federal evidentiary and procedural rules

U.S. Supreme Court to decide whether Stanford owns patents for invention funded with federal dollars

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 4 2010

The U.S. Supreme Court has granted the appeal of a Federal Circuit decision that rejected on standing grounds a university’s claim to patents that arose out of an NIH-financed research project involving technology for detecting HIV levels in a patient’s blood

What to do until the life guard arrives: false marking claims after Forest Group. and Solo Cup (part II)

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 23 2010

Just when we thought it was safe to go back in the water another court decision stirs up the false-marking sharks

Medical treatment claims deemed patentable on reconsideration after Bilski

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 13 2011

The Federal Circuit Court of Appeals has confirmed its earlier decision, rendered before Bilski v. Kappos, 130 S. Ct. 3218 (2010), was decided, and ruled that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 101

SCOTUS to consider what new evidence may be introduced in Section 145 proceeding

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 30 2011

The U.S. Supreme Court has agreed to hear whether an unsuccessful patent applicant may introduce new evidence in a civil action filed under 35 U.S.C. 145 against the director of the U.S. Patent and Trademark Office (USPTO), where the evidence could have been presented to the agency in her patent application

Patentability of medical treatment claims to be heard by U.S. Supreme Court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 30 2011

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 35 U.S.C. 101

Avoiding the train wreck: a $200 million lesson

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 28 2011

Sometimes the light at the end of the tunnel really is an oncoming train, as starkly illustrated by TiVo Inc. v. EchoStar Corp., a recent case involving contempt proceedings for breach of a noninfringement injunction