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Supreme Court Narrows Scope of Extraterritorial Patent Infringement, Holds that Supplying a Single Component for Combination Outside the U.S. Cannot be Infringement

USA - February 22 2017 Today, the Supreme Court issued its much anticipated decision in Life Techs. Corp. v. Promega Corp., No. 14-1538, 580 U.S. ____ (2017). In a…

Daniel Hulseberg, Paul A. Ragusa, Stephen M. Hash.

Supreme Court to Weigh In on Extraterritorial Scope of Patent Law and Laches

USA - September 26 2016 On the heels of a busy term last year, the stage is set for the Supreme Court to review two more important issues regarding utility patents during…

Daniel Hulseberg, Paul A. Ragusa.

Can Claim Construction Arguments Impact Later Proceedings Due to Issue Preclusion or Judicial Estoppel?

USA - September 2 2016 In July, the Federal Circuit decided SkyHawke Technologies, LLC v. Deca International Corp.,1 finding that a patentee who prevails in an inter partes…

New PTAB rules permit testimony in patent owner preliminary response and phillips-type claim construction for expiring patents

USA - April 4 2016 On March 31, the USPTO issued new final rules for practice before the Patent Trial and Appeal Board (PTAB). The new rules will be effective May 2…

Steve Lendaris.

Challenging priority claims to establish standing in a Post-Grant Review

USA - February 18 2016 Post-Grant Review (PGR) is one route to challenge a granted patent under the America Invents Act (AIA). Unlike the AIA's other route for challenging…

Steve Lendaris.