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Results: 1-10 of 324

Supreme Court extends Mayo Collaborative Services v. Prometheus Laboratories, Inc. to computer patents

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 23 2014

The Supreme Court held that patent claims that are directed towards abstract ideas will not be patentable under 35 U.S.C. 101 unless the claim

“Substantial new question” vs. “reasonable likelihood”: has the difference in legal standard made a difference in practice?

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 19 2013

Under the America Invents Act ("AIA"), what was once the standard used by the Patent and Trademark Office ("PTO") to determine whether to institute

CBM review cannot raise prior art under pre-AIA section 102(e)

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • September 19 2013

One key difference between IPR and CBM review is the availability of prior art. Certain prior arg cannot be raised in a CBM review. In what has

Will ex parte reexamination become a tool for patent owners as a hedge against inter partes review?

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 9 2013

As the Board continues to develop its jurisprudence related to the amendment of patent claims in inter partes review, the Board has repeatedly

In re Hugh Edward Montgomery, John Francis Martin, and Jorge Daniel Erusalimsky, No. 2011-1376 (Fed. Cir. May 8, 2012)

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 31 2012

Prior art describing an unexecuted process or protocol may inherently anticipate claims when the result at issue inevitably flows from its disclosures

PTAB makes clear that observations on cross-examination are limited to reply declarants

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • November 14 2013

In Berk-Tek LLC v. Belden Techs. Inc., IPR2013-00057, Paper 43 (Nov. 1, 2013), counsel for the Patent Owner initiated a conference call with the

Plantronics, Inc. v. Aliph, Inc. and Aliphcom, Inc., No. 2012-1355 (Fed. Cir. July 31, 2013).

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • August 9 2013

The election of an invention in response to an ambiguous restriction requirement from the PTO cannot form the basis for prosecution estoppel or

European Commission 4th report on the monitoring of patent settlements

  • Winston & Strawn LLP
  • -
  • European Union
  • -
  • December 12 2013

On 9 December 2013, the European Commission ("Commission") published its Fourth Monitoring Report on Patent Settlements in the pharmaceutical sector

PTAB places restrictions on the use of multi-party IPR petitions by defining all real parties-in-interest as a single “party” for post issuance trials.

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 14 2014

Parties considering pooling resources to file a single petition for post-issuance trial should take note of a recent decision by the Patent Trial and

Where a complaint seeking a declaratory judgment of invalidity is dismissed for failure to join an indispensable party, the party filing the complaint may file a later petition for inter partes review.

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • January 16 2014

In enacting the statutes related to inter partes review, Congress sought to preclude a party from selecting two venues for raising simultaneous