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Results: 1-10 of 114

Highlights of the USPTO first-inventor-to-file rule
  • Fox Rothschild LLP
  • USA
  • February 14 2013

The USPTO has published its long-awaited first-to-file rules and examination guidelines, which will take effect March 16, 2013. The new rules will


Congratulations on your success, but here’s my patent
  • Fox Rothschild LLP
  • USA
  • January 14 2013

In today's new media society, effective advertising often requires more than just generating innovative content. To reach potential customers, the


Hot dogs and hindsight
  • Fox Rothschild LLP
  • USA
  • June 4 2012

In the five years since the Supreme Court issued its ruling in KSR v. Teleflex, on the whole courts have liberally applied the case’s legal standard of “common sense” to overturn patents for inventions that are not overly complex


Judge Robinson grants defendant's motion to stay in declaratory judgment action pending application of first-filed rule by other federal district where infringement action was first-filed
  • Fox Rothschild LLP
  • USA
  • August 11 2012

By Memorandum Opinion entered by the Honorable Sue L. Robinson in Cellectis S.A. v. Precision Biosciences, Inc., Civil Action Nos. 11-890-SLR and 12-204-SLR (D.Del., August 6, 2012), the Court granted the motion of defendant Precision Biosciences, Inc. to stay the declaratory judgment actions filed by plaintiff Cellectis S.A. in the District of Delaware pending a determination by the United States District Court for the Eastern District of North Carolina regarding the applicability of the first-filed rule in the infringement actions filed by Precision against Cellectis in that district


Magistrate Judge Burke recommends that defendants' Rule 12(b)(6) motion to dismiss be granted in part
  • Fox Rothschild LLP
  • USA
  • December 4 2011

By Report and Recommendation entered by The Honorable Christopher J. Burke in Eastman Chemical Co. v. Alphapet Inc., et al., Civil Action No. 09-971-LPS-CJB (D.Del., November 10, 2011), the Court granted in part defendants’ Rule 12(b)(6) motion to dismiss the breach of contract and trade secret misappropriation claims asserted by Plaintiff


No presumption of irreparable harm in false advertising cases either
  • Fox Rothschild LLP
  • USA
  • December 5 2011

Irreparable injury cannot be presumed in Lanham Act false advertising cases


Akamai: inducement of patent infringement can occur even if no single entity performs the entire patented method
  • Fox Rothschild LLP
  • USA
  • September 4 2012

The Federal Circuit recently made it easier for patent holders to address what the Court called “the problem of divided infringement,” i.e., a situation where a defendant induces several other parties to collectively perform all steps required to infringe a patent, but no single entity performs all of the steps itself


Looking back at U.S. patent law big changes in 2012 (part 2)
  • Fox Rothschild LLP
  • USA
  • December 31 2012

U.S. patent law experienced a significant number of changes in 2012, as the America Invents Act, new regulations, USPTO actions and court decisions all


Looking back at U.S. patent law big changes in 2012 (part 1)
  • Fox Rothschild LLP
  • USA
  • December 27 2012

U.S. patent law experienced a significant number of changes in 2012, as the America Invents Act, new regulations, USPTO actions and court decisions all


How long does patent and trademark prosecution take?
  • Fox Rothschild LLP
  • USA
  • December 20 2012

The USPTO recently issued its Performance and Accountability Report for Fiscal Year 2012