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USPTO issues final rule to reflect patent term adjustment revisions
  • Shook Hardy & Bacon LLP
  • USA
  • May 22 2014

The U.S. Patent and Trademark Office (USPTO) has issued a final rule to implement revisions to the patent term adjustment provisions under the


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 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


Company sues “patent troll” for declaration that patents are invalid or not infringed
  • Shook Hardy & Bacon LLP
  • USA
  • July 14 2011

A company which has allegedly been warned that one of its Web functions violates the patents owned by Lodsys, LLC has filed a lawsuit seeking a declaration that the Lodsys patent claims are invalid or that the plaintiff has not infringed the patents


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


Senate Committee approves bill to end pay-for-delay deals
  • Shook Hardy & Bacon LLP
  • USA
  • August 4 2011

The Senate Judiciary Committee has approved a bill (S. 27) that aims to “prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market


USPTO proposes rule to revise materiality standard after therasense decision
  • Shook Hardy & Bacon LLP
  • USA
  • August 4 2011

The U.S. Patent and Trademark Office (USPTO) has announced its plan to “revise the standard for materiality for the duty to disclose information in patent applications and reexamination proceedings in light of the decision by the U.S. Court of Appeals for the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co


Federal Circuit upholds fees, costs and sanctions in “patent troll” litigation
  • Shook Hardy & Bacon LLP
  • USA
  • August 4 2011

The Federal Circuit Court of Appeals has determined that a district court correctly awarded litigation costs and attorney’s fees to the defendant in an infringement action found to be an “exceptional case” and had sufficient grounds to impose Rule 11 sanctions against the plaintiff, a company in the business of filing infringement actions to extract nuisance value settlements


U.S. Supreme Court’s approach to Bayh-Dole secures inventors’ rights
  • Shook Hardy & Bacon LLP
  • USA
  • June 16 2011

The U.S. Supreme Court has determined that a federal law known as the Bayh-Dole Act does not displace the long-established rule that rights in an invention belong to the inventor and that title to federally funded inventions does not automatically vest in federal contractors


Federal court upholds glaucoma drug patents and enjoins generics
  • Shook Hardy & Bacon LLP
  • USA
  • September 1 2011

A federal court in Texas has determined that four combination glaucoma drug patents held by Allergan Inc. were valid and that generic drug makers infringed the patents by seeking Food and Drug Administration (FDA) approval to sell their generic versions under an abbreviated new drug application