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Results: 1-10 of 137

USPTO seeks to intervene in publisher’s copyright infringement suit against law firm

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 21 2012

The U.S. Patent and Trademark Office (USPTO) has filed a motion to intervene, and an answer and counterclaim, in litigation brought by scientific-journal publishers against a law firm for alleged copyright infringement involving articles on prior art copied and submitted with its clients’ patent applications

Federal Circuit says certain human genes may be patented

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 4 2011

In a ruling likely to be appealed to the U.S. Supreme Court, a divided Federal Circuit Court of Appeals panel has determined that genetic discoveries may, to a certain extent, be patented

Federal Circuit explores when litigation is “reasonably foreseeable” for spoliation purposes

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 19 2011

The Federal Circuit Court of Appeals has issued rulings in companion patent-infringement cases involving the alleged spoliation of documents; at issue was a determination as to when litigation is "reasonably foreseeable," thus triggering a document-preservation duty

Federal Circuit addresses personal jurisdiction in patent infringement litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 30 2012

Finding that the U.S. Supreme Court “has yet to reach a consensus on the proper articulation of the stream-of-commerce theory” of personal jurisdiction to assess whether a court has jurisdiction over a non-resident defendant in a patent infringement suit, the Federal Circuit Court of Appeals has applied its own theory, which assesses the pleadings and evidence under “any articulation of the stream-of-commerce theory,” and has determined that a district court in Wyoming properly dismissed two patent infringement lawsuits for lack of jurisdiction

House bill would impose litigation costs on losing non-practicing entities

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 7 2013

U.S. Reps. Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) have introduced legislation (H.R. 845) that would create a "loser pays" system in

Federal Circuit clarifies permanent injunction standard

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 20 2011

The Federal Circuit Court of Appeals has clarified that, while a judgment of patent infringement and validity does not constitute a presumption of irreparable harm “as it applies to determining the appropriateness of injunctive relief,” the judgment should not be ignored by the court when weighing the equities involved in deciding whether to impose a permanent injunction

Court determines patent law limitations, not APA, apply to Section 154 extension matters

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 1 2012

A federal court in Virginia has ruled that a patentee seeking review of a U.S. Patent and Trademark Office (USPTO) determination adjusting a patent term under 35 U.S.C. 154(b), a provision allowing for the extension of a patent term to account for the delay between the date the patent application is filed and when the patent is ultimately issued, must comply with the time limitations prescribed by patent law and not those set forth in the Administrative Procedure Act (APA

Malpractice claim based on patent application belongs in federal court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 3 2012

A Federal Circuit Court of Appeals panel has determined that (i) it had jurisdiction over an appeal from a district court order dismissing claims of fraud filed against lawyers who allegedly mishandled the plaintiff’s patent application and (ii) because the statute of limitations was tolled while related malpractice litigation was pending before a California state court, the lawsuit was timely filed in federal court

French company prevails in dispute with FDA over drug-classification ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

A federal court in the District of Columbia has determined that the Food and Drug Administration (FDA) erred when it classified a combination drug-device product as primarily a drug, thus subjecting its French manufacturer to more burdensome regulatory requirements

Federal Circuit applies patent issuance date to laches claim in inventorship correction suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 6 2012

The Federal Circuit Court of Appeals has ruled that a claim for correction of inventorship under 35 U.S.C. 256 accrues when the patent issues and not when the allegedly omitted inventors purportedly knew or should have known that they were not named inventors on the patent application