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Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 2 Nov 2018

Spotlight on Upcoming Oral Arguments - November 2018

The University of Florida Research Foundation (UFRF) appeals from a Northern District of Florida decision granting GE’s motion to dismiss after

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 21 Mar 2017

Sovereign Immunity May Allow Research Institutions at State Universities to Avoid Patent Validity Challenges at the Patent Office

The Patent Trial and Appeal Board determined that a state's sovereign immunity provided by the Eleventh Amendment barred an inter partes review

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 16 Aug 2016

A Lesson on Waiver: Voluntarily Dismissing Claim “Waives” Goodbye to Affirmative Defense

In Vapor Point L.L.C. V. Moorhead, the Federal Circuit affirmed a district court’s granting of a motion for correction of inventorship and dismissal

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 14 Jun 2016

Court Finds an Agreement Not-to-Sue is a Patent License Despite Language to the Contrary

A Minnesota court required a patent owner to provide the accused infringer with documents relating to an agreement after finding that the agreement

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 27 Mar 2014

Spring update: more lessons learned from the new post-grant proceedings

The new post-grant proceedings before the U.S. Patent and Trademark Office (USPTO), contesting the validity of issued patents, have been in effect

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 7 Mar 2014

Don’t waive a statutory bar defense goodbye: one simple and effective tip to minimize the window accused infringers have to file an Inter Partes Review petition

Most patent practitioners engaged in Inter Partes Review (IPR) proceedings are familiar with the "one-year rule." The one-year rule, codified in 35 U

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 23 Jul 2013

Company's confidential disclosure of protected information to informal advisory board is found to waive attorney-client privilege

The attorney-client privilege permits a party in a litigation to withhold and protect communications with its attorneys that would otherwise need to

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 29 Mar 2013

Courts may enforce covenants not to challenge the validity of licensed patents contained in a license agreement settling litigation when the parties clearly waived future challenges to validity

When drafting a patent license agreement, licensors often want to include provisions prohibiting the licensee from challenging the validity of the

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 19 Mar 2013

Challenges to the validity or termination of a license agreement must be decided by an arbitrator when agreement contains an arbitration clause

When a party moves to compel arbitration of a dispute based on the terms of an agreement, district courts first determine whether the parties have

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 3 Oct 2011

United States waived sovereign immunity with respect to DJ patent suits

In Delano Farms Co. v. California Table Grape Commission, No. 10-1546 (Fed. Cir. Aug. 24, 2011), the Federal Circuit affirmed the district court’s decision that the United States Department of Agriculture (“USDA”) is a necessary party to a DJ suit, reversed the district court’s decision that 5 U.S.C. 702 does not waive sovereign immunity with respect to DJ suits, reversed the district court’s decision that Delano Farms Co. (“Delano Farms”) failed to properly plead inequitable conduct, and affirmed the district court’s decision that Delano Farms failed to properly plead a violation of the Sherman Act.

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