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Results: 1-10 of 117

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


False patent marking - you can't fudge it
  • Fox Rothschild LLP
  • USA
  • November 15 2010

Courts in several recent cases have held that one cannot avoid a charge of false patent marking by fudging the marking


We have an injunction, why can't we get contempt?
  • Fox Rothschild LLP
  • USA
  • May 23 2011

It is not always the case that once a court issues an injunction prohibiting further patent infringement , any further infringement will be punishable by contempt


Chief judge sleet concludes that Mylan's proposed ANDA product does not infringe the patent-in-suit asserted by Astrazeneca and others
  • Fox Rothschild LLP
  • USA
  • July 9 2011

By Memorandum Opinion entered by the Honorable Gregory M. Sleet in AstraZeneca LP, et al. v. Mylan Pharmaceuticals Inc., Civil Action No. 08-53-GMS (D.Del., June 23, 2011) after a three day bench trial, the Court ruled that the plaintiffs did not prove by a preponderance of the evidence that defendant Mylan’s proposed generic budesonide product would infringe the asserted claims of U.S. Patent No. 5,643,602 (the “‘602 patent” or the “patent-in-suit”


Judge Stark grants defendants' motion for partial summary judgment of invalidity for failure to disclose best mode
  • Fox Rothschild LLP
  • USA
  • October 22 2011

By Order, dated September 22, 2011, and Opinion later entered explaining the Court’s reasoning by The Honorable Leonard P. Stark, in Ateliers De La Haute-Garonne, et al. v. Broetje Automation-USA Inc., et al., Civil Action No. 09-598-LPS (D.Del., September 26, 2011, unsealed October 4, 2011), the Court granted the motion of defendants Broetje Automation-USA, Inc. and Bröetje-Automation GMBH (collectively, “Broetje”) for partial summary judgment of invalidity for failure to disclose the best mode as required by 35 U.S.C. 112 1


Sweeping patent reform legislation passed by Senate
  • Fox Rothschild LLP
  • USA
  • September 8 2011

On September 8, 2011, the U.S. Senate passed the House Patent Reform bill (H.R. 1249


Check your insurance policy, and the case law, again
  • Fox Rothschild LLP
  • USA
  • August 16 2010

I'm not sure why we can't seem to settle the question of what IP litigation is covered under the typical Comprehensive General Liability insurance policy


Chief judge sleet grants LG's motion to amend complaint
  • Fox Rothschild LLP
  • USA
  • September 24 2011

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in LG Electronics U.S.A., et al. v. Whirlpool Corp., et al., Civil Action No. 10-311-GMS (D.Del., September 12, 2011)), the Court granted the motion of plaintiffs, LG Electronics U.S.A., Inc. and LG Electronics, Inc. (collectively “LG”), for leave of court to file a first amended complaint


Judge Stark denies defendants' motion for reconsideration based on provision of America Invents Act
  • Fox Rothschild LLP
  • USA
  • December 9 2011

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Softview LLC v. Apple Inc., et al., Civil Action No. 10-389-LPS (D.Del., December 7, 2011), the Court denied Defendants’ Motion for Reconsideration asking the Court to reconsider its September 30, 2011 Order granting Plaintiff Softview’s Motion to Amend Its Complaint to add parties and accused devices utilizing Android software


Sweeping patent reform legislation passed by Senate
  • Fox Rothschild LLP
  • USA
  • September 30 2011

Some franchise systems hold or are developing patents which they license for use by their franchisees