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Federal Circuit is “irretrievably fractured” over system claims: “CLS Bank v. Alice Corp.”
  • Briggs and Morgan
  • USA
  • June 10 2013

In CLS Bank Int'l v. Alice Corp. PTY. LTD (2013 WL 1920941 (C.A.Fed.(Dist.Col))), the Federal Circuit has arguably provided the first substantive

Co-owner’s refusal to join suit defeats standing to sue for patent infringement
  • Michael Best & Friedrich LLP
  • USA
  • June 10 2014

In denying standing to a university licensing organization, a recent Federal Circuit decision pointedly illustrates the complications inherent in

Prosecution disclaimer trips up patentee on the scope of “device” in a medical device case
  • King & Spalding LLP
  • USA
  • May 31 2013

Saffron’s U.S. Patent No. 5,653,760 claims a device for treating an injury (such as a fractured bone) by deploying a cellular or molecular treatment

ALJ Essex denies-in-part motion to compel in Certain Wireless Communications Base Stations (337-TA-871)
  • Oblon
  • USA
  • October 3 2013

On September 30, 2013, ALJ Theodore R. Essex issued the public version of Order No. 13 (dated September 4, 2013) denying-in-part Respondents

Supreme Court to review “exceptional case” standard for patent cases
  • Briggs and Morgan
  • USA
  • October 3 2013

This week the Supreme Court granted cert petitions in two patent cases: Octane Fitness v. Icon Health & Fitness and Highmark v. Allcare Health

Community property rights of ex-wife impact standing of plaintiff to maintain patent infringement action
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • May 6 2013

James R. Taylor ("Taylor") filed a patent infringement action against Taylor Made Inc. ("Taylor Made"). Taylor Made filed a motion to dismiss the

Claim construction for special claim terms in an inter partes review
  • Andrews Kurth Kenyon LLP
  • USA
  • October 8 2013

In an inter partes review proceeding, the PTO applies the broadest reasonable interpretation ("BRI") claim construction standard. However, even under

Supreme Court chooses middle ground in formulating a standard for patent claim definiteness
  • Workman Nydegger
  • USA
  • June 6 2014

On June 2, 2014, the U.S. Supreme Court issued a unanimous opinion in Nautilus v. Biosig Instruments, Inc. At issue was the language of 35 U.S.C

District Court sets RAND rate for portfolio of standard essential patents
  • Brinks Gilson & Lione
  • USA
  • October 7 2013

On September 27, 2013, Judge Holderman issued a Memorandum Opinion and Order in In re Innovatio, setting a reasonable and non-discriminatory (RAND

Inter partes review update: PTAB grants its first motion to amend in international flavors and fragrances v. the United States
  • Husch Blackwell LLP
  • USA
  • June 9 2014

In breaking news for the intellectual property world, the Patent Trial and Appeal Board ("PTAB") recently granted its first motion to amend claims in