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Results: 1-10 of 389

Federal Circuit Holds That Memory System Patent Is Directed To Patent-Eligible “Improvement To Computer Functionality”
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • August 15 2017

On August 15, 2017, the Federal Circuit, in a 2-1 decision in Visual Memory LLC v. NVIDIA Corporation, Appeal No. 16-2254, reversed a district court's


Supreme Court - Lanham Act disparagement clause unconstitutional
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • July 17 2017

On June 19 2017 the Supreme Court held that the Lanham Act's disparagement clause is unconstitutional under the First Amendment's free speech clause


Biosimilar makers can give notice of commercial marketing before FDA licensure
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • July 3 2017

In its June 12 2017 decision authored by Justice Clarence Thomas, the Supreme Court in Sandoz v Amgen ruled that, under the Biologics Price


Supreme Court Rules That Biosimilars Makers Can Give Notice Of Commercial Marketing Before FDA Licensure
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • June 12 2017

In a June 12, 2017 decision authored by Justice Clarence Thomas, the United States Supreme Court in Sandoz v. Amgen ruled that, under the Biologics


Federal Circuit weighs tests for evaluating infringement under doctrine of equivalents
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • June 12 2017

In its May 19 2017 panel decision in Apicore v Mylan the Federal Circuit Judges Lourie, Moore and Reyna suggested that an 'insubstantial differences'


Drug Patents May Fare Better Than Other Technologies In IPR Proceedings
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • June 12 2017

On March 31, 2017, the United States Patent Trial and Appeal Board ("PTAB") released updated statistics showing the fate of resolved inter partes


Supreme Court Expands Patent Exhaustion Doctrine To U.S. Sales Subject To Post-Sale Restrictions And To Foreign Sales
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • May 31 2017

On May 30, 2017, the United States Supreme Court in Impression Prods. Inc. v. Lexmark Int'l, Inc. expanded the patent exhaustion doctrine to hold that


Federal Circuit Clarifies Standard For Assessing “Fame” Of Trademarks In Likelihood Of Confusion Context
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • May 25 2017

On May 24, 2017, Federal Circuit Judges Newman, Dyk and Wallach issued a per curiam opinion in Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC


Federal Circuit Suggests That “Insubstantial Differences” Test May Be More Suitable Than “Function-Way-Result” Test For Evaluating Equivalence In Chemical Patent Cases
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • May 22 2017

In a May 19, 2017 panel decision, Federal Circuit Justices Lourie, Moore and Reyna suggested that an "insubstantial differences" test may be more


Federal Circuit clarifies application of post-America Invents Act on-sale bar
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • May 22 2017

On May 1 2017 a Federal Circuit panel in Helsinn Healthcare SA v Teva Pharmaceuticals USA, Inc held four pharmaceutical patents invalid under the