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Results: 1-10 of 346

Myriad: reversing decades of USPTO practice

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 14 2013

In Association for Molecular Pathology v. Myriad Genetics, Inc., the Supreme Court effectively reversed decades of U.S. Patent and Trademark Office

IPR: joinder of proceedings not parties

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 14 2013

On June 5, 2013, the Patent Trial and Appeal Board ("Board") entered an order denying a motion seeking to join two additional parties, as petitioners

PTAB issues first final written decision in CBM proceeding

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 13 2013

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) issued its first final written decision in a Post Grant Review proceeding under the

Planting the seeds of infringement: the application of the first sale doctrine to self-replicating technology

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 12 2013

Farmers grow soybeans, like most field crops, from seeds in a field. When soybean plants are ready for harvesting, combines are used to collect the

CLS Bank further muddies the murky waters of patent eligible subject matter

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 12 2013

Since 2010, when the U.S. Supreme Court issued its landmark opinion in Bilski v. Kappos, holding that Bilski's claims were unpatentable "abstract

The new prior user rights defense:how often will it be asserted?

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 11 2013

Before the America Invents Act (AIA), the prior-user defense to infringement was limited to "methods of doing or conducting business." While rarely

IPR: scope of estoppel

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 7 2013

IPR includes an estoppel provision, similar to that provided by the inter partes reexamination statute. The estoppel provision prohibits an IPR

District Court addresses whether patent prosecution bar extends to IPR proceedings

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 3 2013

In ScentAir Technologies, Inc. v. Prolitec, Inc. IPR2013-00179 (JL), Paper 9 (April 16, 2013), the Board denied ScentAir's request to file a motion

Constitutional challenge to first-inventor-to-file system dismissed for lack of standing

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • May 30 2013

On May 8, 2013, a federal judge in Florida dismissed a constitutional challenge to the AIA's first-inventor-to-file system, concluding that the

Last month at the Federal Circuit - May 2013

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • May 29 2013

In Saffran v. Johnson & Johnson, No. 12-1043 (Fed. Cir. Apr. 4, 2013), the Federal Circuit reversed theruling of the district court, holding that the