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Results:1-10 of 196

Another Graphical User Interface Patent Survives 101 Patent-Eligibility Challenge in Data Engine Technologies
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • October 11 2018

In its recent decision Data Engine Technologies LLC v. Google LLC, No. 17-1135 (Fed. Cir. Oct. 9, 2018), the Court of Appeals for the Federal Circuit


Federal Circuit Confirms that New Evidence Before PTAB Sinks Claims that Survived ITC Action
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • October 4 2018

A Federal Circuit opinion issued September 13, 2018, has affirmed a decision by the Patent Trial and Appeal Board (“PTAB” or “the Board”) that claims


PTAB’s Interpretation of “Same or Substantially the Same Prior Art” Under 325(d)
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • September 20 2018

The PTAB has broad discretion under 35 U.S.C. 325(d) to deny institution if “the same or substantially the same prior art or arguments previously


Pfizer Loses Out On Its Follow-On Petition Challenges to Genentech’s anti-HER2 Patents Because It Did Not Follow General Plastics Guidance
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • September 11 2018

Recently, Pfizer was denied institution of two follow-on inter partes review (IPR) petitions, IPR Nos. 2018-00330 and 2018-00331 (“the 2018


Petitioner’s Reply May Expand Arguments to Address New Claim Constructions Adopted After Institution
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • September 11 2018

In Ericsson Inc. v. Intellectual Ventures I LLC, the Court of Appeals for the Federal Circuit vacated and remanded a final written decision of the


Third Time’s a Charm? Amgen Files Another BPCIA Lawsuit Against Apotex
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 30 2018

Earlier this month, Amgen initiated suit against Apotex in the Middle District of Florida, alleging infringement of U.S. Patent No. 9,856,287 (“the


USPTO Issues an Update to the AIA Trial Practice Guide
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 29 2018

The USPTO first published its AIA Trial Practice Guide (“TPG”) in August 2012. The TPG provides practitioners with guidance on typical procedures


Patent Strategy Should Consider USPTO Examiner Incentives
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 24 2018

Patent examiners operate under a complex network of production and quality incentives that influence the likelihood that an examiner will allow or


Voluntary Dismissal Without Prejudice Does Not Nullify 315(b)’s Time Bar
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 22 2018

Click-to-Call Technologies, LP v. Ingenio, Inc., __ F.3d __, 2018 WL 3893119 (Fed. Cir. Aug. 16, 2018)1, the court found that the Patent Trial and


2 Door Makers And The Gutting Of Pre-Merger Clearance
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 22 2018

The century-old Clayton Act makes unlawful mergers or acquisitions that may have of the effect of substantially lessening competition. Remedies for