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

Shook Hardy & Bacon LLP
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USA
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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
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USA
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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
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USA
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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

Medical treatment claims deemed patentable on reconsideration after Bilski

Shook Hardy & Bacon LLP
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USA
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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

Federal Circuit reverses Patent Appeals Board on obviousness ruling and commercial success evidence

Shook Hardy & Bacon LLP
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USA
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January 13 2011

The Federal Circuit Court of Appeals has determined that the Board of Patent Appeals and Interferences incorrectly rejected on obviousness grounds a patent claim involving physical and air shields to prevent the clogging of a nozzle to a Wurster coater, which sprays coating material onto pharmaceutical ingredients

"Who'd a thunk it?" Settlement licenses put the squeeze on NPEs

Shook Hardy & Bacon LLP
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USA
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January 20 2011

For years, licenses settling a patent infringement lawsuit were not viewed as an "established royalty" in a patent damages calculation

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

Shook Hardy & Bacon LLP
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USA
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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

News bytes

Shook Hardy & Bacon LLP
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USA
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January 27 2011

The U.S. Patent & Trademark Office announces agreements with its Australian counterpart that will extend and expand work sharing between the two agencies

Biotech company settles claims that counsel divulged confidential information

Shook Hardy & Bacon LLP
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USA
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April 21 2011

A federal court in California has dismissed with prejudice claims that a biotech company filed against its former counsel alleging that the law firm had provided confidential information about the company's patent applications to another client

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

Shook Hardy & Bacon LLP
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USA
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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

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