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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP logo
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Palo…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 21 Jun 2021

A Fractured Vision of Eligibility — Split Federal Circuit Panel Finds Digital Camera Claims Ineligible

In Yu v. Apple Inc., No. 2020-1760 (Fed. Cir. June 11, 2021), a divided Federal Circuit panel affirmed finding that claims directed to a digital…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 21 Jun 2021

Supreme Court Requires USPTO Director Discretion to Review PTAB Decisions

On June 21, 2021, the Supreme Court issued its much anticipated decision in United States v. Arthrex, holding: “Decisions by APJs must be subject to…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 17 Jun 2021

SCOTUS to Consider Intent-to-Defraud Requirement for Copyright Registration Invalidation

The U.S. Supreme Court granted certiorari in Unicolors, Inc v. H&M Hennes & Mauritz, LP on June 1, 2021. From a narrow view, the Court is set to…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 17 Jun 2021

Applicant’s Unreasonable Delays During Patent Prosecution Can Lead to Prosecution Laches

In Hyatt v. Hirshfeld, No. 2018-2390 (Fed. Cir. June 1, 2021), the Federal Circuit vacated and remanded the district court’s rejection of the PTO’s…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 16 Jun 2021

Patent Underlying Walker Process Claim Is Not Enough to Give Rise to Federal Circuit Jurisdiction

In Chandler v. Phoenix Services LLC, No. 2020-1848 (Fed. Cir. June 10, 2021), the Federal Circuit transferred the case to the United States Court of…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 16 Jun 2021

Prosecution Pointer 281

Individuals can anonymously nominate any routine decision of the PTAB or Board for designation as precedential or informative. An individual needs to…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 15 Jun 2021

Statements Made in Litigation Can Support Prosecution History Estoppel

In Speedtrack, Inc. v. Amazon.com, Inc., Nos. 2020-1573, 2020-1660 (Fed. Cir. June 3, 2021), the Federal Circuit affirmed the District Court for the…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 15 Jun 2021

3 Things Medical Device Companies Should Know About the Patent Trial and Appeal Board

With nearly a decade of proceedings behind it, the Patent Trial and Appeal Board (PTAB) has established a record. Medtech companies can learn from it…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 11 Jun 2021

Supremely Confusing on That Complex Word “A”; Is It Only One or Is It One or More?

A patent drafter’s selection of even the smallest of words, like “a,” may have a significant impact on how a claim is construed. Does “a” mean “at…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 9 Jun 2021

Prosecution Pointer 280

When there is a change in the real party in interest after briefs are filed, Appellant(s) must notify the PTAB (Board) of changes in the real party…
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