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Draft Your Patents Carefully
  • Jones Day
  • USA
  • April 20 2018

Droplets, Inc. v. ETRADE Bank, No. 16-2504 (Fed. Cir. Apr. 19, 2018), is a cautionary tale on the need for careful patent prosecution. Because of an


PTAB Declines to Vacate Final Written Decision in Inter Partes Review Despite Settlement
  • Morgan Lewis
  • USA
  • April 18 2018

Settling an inter partes review after a final written decision by the Patent Trial and Appeal Board may not result in the PTAB vacating the decision


Forum Selection Clause in Patent License Found to Preclude Challenging Patents at the Patent Trial and Appeal Board
  • Duane Morris LLP
  • USA
  • April 18 2018

On March 23, 2018, the U.S. District Court for the Northern District of California ordered a patent licensee to withdraw petitions to the Patent Trial


Shoulda, Coulda, WouldaA Combination is Not Obvious Simply Because it Could Have Been Made
  • Workman Nydegger
  • USA
  • April 17 2018

At one time or another, most practitioners have probably been faced with the contention by an Examiner that a claimed combination is obvious because a


USPTO Says Overlapping Range In Prior Art Insufficient to Invalidate Method of Treatment Patent
  • Dechert LLP
  • USA
  • April 13 2018

Pharmaceutical patents frequently claim treatment methods that utilize a range of amounts or concentrations for the active ingredient or excipients


USPTO Director Iancu has powers to significantly reform PTAB processes unilaterally, but will he?
  • IAM
  • USA
  • April 13 2018

The speech given earlier this week by USPTO Director Andrei Iancu at the US Chamber of Commerce on the current state of the US patent system has quite


Judge Oetken Lifts Stay on 1 of 5 IPR’ed Patents
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • April 12 2018

On April 5, 2018, Judge Oetken (S.D.N.Y.) granted Plaintiff Rovi Guides Inc.’s (“Rovi”) motion to lift a stay related to U.S. Patent No. 8,122,034


GE Opens a Second Front in Patent Fight with Vestas
  • Duane Morris LLP
  • USA
  • April 11 2018

GE filed petitions on Friday to challenge the validity of a pair of Vestas patents at the Patent Trial and Appeal Board. Those patents were asserted


Due Process Trumps Validity Concerns in AIA Trials
  • Buchanan Ingersoll & Rooney PC
  • USA
  • April 10 2018

In Dell Inc. v. Acceleron, LLC, the Federal Circuit held that a panel of the Patent Trial and Appeal Board (PTAB) correctly declined to consider the


Texas Court Finds IPR Estoppel Extends To Grounds That Could Have Been Raised In Joinder Petition
  • Squire Patton Boggs
  • USA
  • April 8 2018

U.S. patent law provides that any patent challenger initiating an inter partes review (IPR) proceeding at the United States Patent & Trademark Office