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Intellectual Property Viewpoints Blog

Articles: 1-10 of 454

Patent Owner Tip #1 For Surviving An Instituted IPR: Approach IPR Depositions Like A Cross-Examination

USA - April 8 2021 As a Patent Owner in an instituted Inter Partes Reviews (“IPR”), one of the first and most critical tasks before you is deposing the Petitioner’s…

District of Delaware Recites Policy Rationale for Dismissing Willful and Indirect Infringement Claims for Failure to Plead Pre-Suit Knowledge of Infringement

USA - April 5 2021 On March 24, 2021, U.S. District Judge Colm F. Connolly of the District of Delaware, granted a defendant’s motion to dismiss claims for contributory…

Best Practices for Clearances and Opinions

USA - March 31 2021 Last week, Mintz Member Lisa Adams moderated a panel discussion between in-house attorneys that covered best practices for conducting patent…

Good News/Bad News: Patent Owners and Petitioners Both Make Gains in CAFC Uniloc Decision

USA - March 31 2021 The Federal Circuit’s recent Uniloc 2017 v. Facebook Inc. decision is a mixed bag of good and bad news for both patent owners and inter partes review…

USPTO Provides Guidance on Conducting an Effective Patent Examiner Interview

USA - March 25 2021 Examiner interviews are often indispensable to advance prosecution of a U.S. patent application, and interviews can help advance prosecution in the…

Obviousness-Type Double Patenting and Divisional Applications in Canada

Canada, USA - March 23 2021 Obviousness-type double patenting (“OTDP”) arises when two or more patents or applications include claims that, while not being identical, are not…

Expediting PTAB Appeals Using the Fast-Track Program

USA - February 26 2021 The U.S. Patent and Trademark Office (USPTO) recently released statistics about its Fast-Track Appeals Pilot Program. The program went into effect on…

Doctrine of Assignor Estoppel to be Reviewed by U.S. Supreme Court

USA - February 25 2021 On January 8, 2021, the U.S. Supreme Court agreed to hear a case calling for it to abolish or limit the doctrine of assignor estoppel. See Minerva…

Design Patent Registrations after Brexit and Updates to Design Rights in China

European Union, United Kingdom, USA - February 25 2021 As we noted in Are Design Patents Missing From Your IP Portfolio, a design patent protects the visual ornamental characteristics of an article and can…

The Ongoing March toward Privacy Law in the US - A State Legislative Roundup

USA - February 16 2021 While we continue to await comprehensive US federal privacy legislation, and following California’s lead with its California Consumer Privacy Act of…