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MoFo IP Newsletter - April 2017

USA - April 5 2017 On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent invention for…

Paul Goldstein, Matthew M. D'Amore, Hector G. Gallegos, Richard S.J. Hung, Parisa Jorjani, Joyce Liou, Aaron D. Rauh, Dina Roumiantseva, Wolfgang Schönig, Jennifer Lee Taylor

The Laches Defense Loses Its Grip in Patent Law

USA - March 21 2017 Until today, laches had been available as a defense in patent litigation without much debate. The defense often arose in the context of demand…

Parisa Jorjani

False patent marking: Federal Circuit determines Rule 9(b) heightened pleading standard applies

USA - March 16 2011 In a significant decision that may lead to the dismissal of numerous false patent marking actions, the Federal Circuit ruled yesterday that (1) the heightened pleading standard of Fed. R. Civ. P. 9(b) applies to claims for false patent marking, and (2) such claims are not adequately pleaded if they only allege that a defendant “knew or should have known” that the marked patent had expired. In re BP Lubricants USA Inc., Misc. Docket No. 960 (Fed. Cir. 2011).

Daniel P. Muino