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IP Intelligence: Insight on Intellectual Property Blog

Articles: 1-10 of 124

Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional

USA - January 9 2018 On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section…

Patent Portfolio Management - a Team Approach to Patent Drafting

USA - January 8 2018 On my drive to work, there was a trash bag on the freeway, then a box, and later a couple of bags flying around. I wondered where this garbage came…

Federal Circuit Provides Guidance on Joint Infringement Standard

USA - December 27 2017 In Travel Sentry, Inc. v. Tropp, Appeal No. 16-2386 (Fed. Cir. Dec. 19, 2017),[1] the Federal Circuit clarified the scope of joint infringement under…

Federal Circuit Splits on Approach to Analyzing Graham Factors

USA - November 6 2017 In Merck Sharp & Dohme Corp. v. Hospira, Inc.,[1] the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S…

Intellectual Ventures v. Motorola: Use = Benefit for the Purposes of System Claims Infringement

USA - September 21 2017 On Sept. 13, 2017, the United States District Court for the Federal Circuit clarified the meaning of the term “use” as it applies to system claims in…

Federal Circuit’s Concern Regarding PTAB ‘Panel-Stacking’ - Back To The Future?

USA - August 29 2017 In Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 2017 U.S. App. LEXIS 15923, Circuit Judge Dyk, in a concurring opinion joined by Circuit…

Visual Memory v. NVIDIA: The Importance of a Robust Written Description

USA - August 17 2017 In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court’s holding that Visual Memory’s U.S. Patent No. 5,953,740…

Federal Circuit Suggests Solution to Patent Owner’s Dilemma When Applicant for Biosimilar Product Refuses Discovery

USA - August 14 2017 In Amgen, Inc. v. Hospira, Inc., Appeal No. 2016-2179 (Fed. Cir. Aug. 10, 2017), the Federal Circuit suggested what an owner of a reference product…

Regeneron Pharmaceuticals, Inc. v. Merus N.V.: The Federal Circuit Revisits the Defense of Inequitable Conduct

USA - August 4 2017 In Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346, slip op. (Fed. Cir. July 27, 2017) (hereafter, “Slip Op.”), the Federal Circuit seems…

The Federal Circuit Reverses a Hindsight Reconstruction of An Important Pharmaceutical Invention

USA - July 20 2017 In Millennium Pharmaceuticals v. Sandoz,[1] the Federal Circuit reversed the district court’s holding of obviousness of certain claims of…