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Potential liability for marking products with patent numbers of expired patents

USA - June 17 2010 In Pequignot v. Solo Cup Co. , No. 2009-1547 (Fed. Cir. June 10, 2010), the Federal Circuit held for the first time that products marked with expired patent numbers are "unpatented" within the meaning of the statute and could be subject to false marking liability, but let Solo off the hook because it did not have the "intent to deceive" required by the statute.

Peter Flanagan, Nathan Lane III, Keith Mullervy

Patent reform legislation brings host of changes to US patent law

USA - September 16 2011 The Leahy-Smith America Invents Act, signed by President Obama into law on September 16, 2011, is the culmination of patent reform efforts taking years.

David Elkins, Peter Flanagan, Douglas H. Goldhush, Keith Mullervy

In Uniloc USA, Inc. v. Microsoft Corp., the Federal Circuit gives thumbs down to the "25 percent rule of thumb"

USA - January 10 2011 On January 4, 2011, the United States Court of Appeal for the Federal Circuit decided Uniloc USA, Inc. v. Microsoft Corp., Court of Appeals Nos. 2010-1035, -1055 (Fed. Cir. Jan. 4, 2011).

David Elkins, Nathan Lane III

Patenting research or preempting the future before it has arrived? Federal Circuit reaffirms written description requirement

USA - March 27 2010 The core intellectual property of many universities and advanced research centers may be significantly impacted by the Federal Circuit Court’s recent en banc decision in Ariad Pharmaceuticals Inc. v. MIT.

Peter Flanagan, Nathan Lane III, Keith Mullervy

US Supreme Court decides Bilski v. Kappos – no patent for Bilski and no clear standard for business method patents

USA - June 30 2010 On June 28, 2010 the United States Supreme Court issued its long-awaited decision in Bilski v Kappos.

Cameron K. Kerrigan, David Elkins, Douglas H. Goldhush, Nathan Lane III, David E. Rogers