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Intellectual Property Viewpoints Blog

Articles: 1-10 of 358

Infringement Contentions: Fair Notice?

USA - February 18 2020 Some respondents at the ITC have taken advantage of using infringement contentions as a procedural tool to deny patent owners from getting their day…

An Informative PTAB Decision on Patent Eligibility under 35 U.S.C. § 101

USA - January 30 2020 The U.S. Patent Trial and Appeal Board (“PTAB”) recently designated its decision in Ex Parte HANNUN (Appeal 2018-003323) (“HANNUN”) as being…

Patenting Considerations for Artificial Intelligence in Biotech and Synthetic Biology - Part 2: Key Issues in Patent Subject Matter Eligibility

European Union, USA - January 30 2020 In our first blog in this multi-part series, we explored key considerations for protecting artificial intelligence ("AI") inventions in biotech and…

Update on Federal Register Notice on Artificial Intelligence (AI) Patent Issues

European Union, USA - January 21 2020 As noted in our previous post, the U.S. Patent and Trademark Office (USPTO) published a request for comments for a list of questions regarding…

Federal Circuit Awards Attorney Fees to the Defendant Following Dismissal of Lawsuit by Plaintiff

USA - January 7 2020 The Federal Circuit affirmed a district court award of over $360,000 in costs and attorneys’ fees against a non-practicing entity, citing the need “to…

Fox Factory v. SRAM - According to CAFC, No Presumption of Nexus for Bicycle Chainring Patents; IPR Decision Reversed and Remanded

USA - January 2 2020 On December 18, 2019, the United States Court of Appeals for the Federal Circuit, in Fox Factory v. SRAM, Nos. 2018-2024 and 2018-2025, reversed the…

Out with the old, and in with the new: joint policy statement and recent cases confirm that injunctive relief on standard-essential patents is available at the ITC

USA - December 23 2019 When licensing discussions with an intransigent implementer break down, SEP owners face a difficult question: what remedies are available (injunctive…

Federal Circuit affirms Safe Harbor ruling and $70 million award in Amgen Inc. v. Hospira, Inc.

USA - December 20 2019 On December 16, 2019, the Court of Appeals for the Federal Circuit issued an opinion that fully upheld the District of Delaware’s denial of Hospira…

Means-Plus-Function Structure - Can be it Incorporated by Reference?

USA - December 18 2019 In its recent decision, Fiber, LLC. v. Ciena Corp., No. 2019-1005 (Fed. Cir. Nov. 21, 2019), the Court of Appeals for the Federal Circuit (Federal…

New revised USMCA trade deal affects intellectual property rights, but not exclusivity period for biologics

Canada, Mexico, USA - December 17 2019 On December 10, 2019, an agreement was reached between the United States, Mexico, and Canada on amendments to the U.S.-Mexico-Canada Agreement…