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Broad Patent Prosecution Bars Risk Effectively Decoupling Complementary Patent Litigation and Prosecution Practices

USA - August 22 2022 Parties in the discovery phase of litigation often exchange confidential documents and information, which may contain proprietary information such as…

Samuel W. Apicelli, Thomas J. Kowalski, Deborah L. Lu.

The Other Side of the Coin: Diligent Patent Prosecution Does Not Lead to Unreasonable Delay and Application of Prosecution Laches

USA - July 22 2022 The backlog of pending patent applications at the USPTO is growing. As of May 2022, the USPTO estimates an average pendency of approximately 20…

Thomas J. Kowalski, Deborah L. Lu.

Silence Is Not Necessarily Golden for Negative Patent Claim Limitations

USA - July 7 2022 During the prosecution of a patent application before the U.S. Patent and Trademark Office, claim amendments that introduce a negative limitation―the…

Thomas J. Kowalski, Deborah L. Lu., Vicki G. Norton

Considerations and Implications of the Proposed Temporary Waiver of COVID-19 Vaccine-Related Intellectual Property Rights

USA - May 6 2021 The Biden administration has indicated support for the temporary waiver of patent protections related to COVID-19 vaccine development. In the United…

Thomas J. Kowalski, Deborah L. Lu., Heidi Lunasin

Texas Court Will Not Delay In-Person Trial to Permit Vaccination of Participants

USA - March 22 2021 Courts have already made numerous accommodations to trial participants in an attempt to keep the justice system operational and…

Thomas J. Kowalski, Deborah L. Lu.