On this blog we will apprise you of impactful happenings in the world of intellectual property. Change is ever-present in our industry, but we are in a particularly complex period right now. All practitioners continue to assess the impact of and navigate the changes brought about by the America Invents Act in the US. And we are all facing institution of the Unitary Patent and Unified Patent Court in the EU in the not-too-distant future.
Articles: 1-10 of 560
Federal Circuit Puts the Onus on Patent Owners to Disclaim Patent Term or Face Double-Patenting
USA - September 7 2023 On August 28, 2023, the U.S. Court of Appeals for the Federal Circuit, in In re Cellect, Appeal No. 2022-1293, evaluated for the first time how…
Picture Claims as an Effective Patent Strategy: Top 10 Reasons to Precisely Tailor Your Patent Claim
USA - September 6 2023 A “picture” claim refers to a patent claim precisely tailored to track a particular product’s important advantages and features. When drafting a…
Federal Circuit Clarifies That Secondary Considerations Must Be Considered Both Individually And As A Whole In An Obviousness Analysis
USA - August 31 2023 On August 24, 2023, the U.S. Court of Appeals for the Federal Circuit, in Volvo Penta of the Ams. LLC v. Brunswick Corp., Case No. 22-1765, vacated a…
Can Enablement and Written Description Bars be Lower for Method-Of-Treatment Patent Claims?
USA - August 21 2023 Patent offices may reject a patent application with claims reciting using a composition to treat a disease, based on the requirement that the claimed…
Distinguishing Patent Protection from Patient Safety - A Role for the FDA
USA - August 21 2023 At its heart, a patent grants the right to stop another person from doing whatever falls within the scope of the patent’s claims. A patent is not a…
An Overview of Shotgun Pleadings in the Federal Courts
USA - August 7 2023 Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to…
Why Pharma Companies Should File Patents Later In The R&D Process
USA - July 25 2023 Clinical trial related patent applications are often filed prior to the start of the Phase I clinical trial to minimize the risk of invalidation of…
Split Decisions: Can a Complaint Serve as Knowledge of Indirect Infringement?
USA - July 21 2023 A frequent issue seen within patent litigation is whether serving a complaint satisfies the knowledge requirement for post-complaint indirect…
Disqualifying an Inventor’s Prior Publication as Prior Art - Invoking §102(b)(1)(A)
USA - July 6 2023 An invention is not patentable if it was described in, or obvious in view of, an earlier printed publication. See 35 U.S.C. 102(a)(1). This blog post…
Supreme Court: Parody Not a Shield from Trademark Infringement
USA - June 9 2023 In Jack Daniels Properties, Inc. v. VIP Products LLC, (slip. op. No. 22-148, June 8, 2023), the United States Supreme Court reversed the Ninth Circuit…
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