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45 results found

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 27 Dec 2018

Inherency and Obviousness

This case provides an example of the use of inherency in an obviousness determination. That is, the Northern District Court of Illinois found that

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 19 Dec 2018

Infringement Enforcement Letters Can Subject Sender to DJ Jurisdiction and Venue

In Jack Henry & Associates, Inc., et al. V. Plano Encryption Technologies LLC, 2016-2700 (Fed. Cir. Dec. 7, 2018), the Court reversed and remanded

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 29 Nov 2018

Federal Circuit Finds No APA Violation in PTAB Adopting Construction Similar to Construction Offered by Party After Institution

In Hamilton Beach Brands, Inc. v. f’real Foods, LLC, 2018-1274, the Federal Circuit affirmed the PTAB’s patentability determination based on a

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 30 Mar 2018

Tinnus Enterprises, LLC v. Telebrands Corporation, No. 17-1726, Courtroom 402

This appeal arises from the first post-grant review decision issued by the PTAB based on indefiniteness under 35 U.S.C. 112. On appeal, the

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 15 Mar 2017

Specimen Showing Display of a Trademark on a Door Insufficient to Show Use of a Service Mark

On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC’s service mark based upon the failure of

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 6 Sep 2016

Petitioner Estopped Because References Reasonably Could Have Been Raised in Its Earlier IPR

In Praxair Distribution, Inc. v. INO Therapeutics, LLC., IPR2016-00781, Paper 10 (Aug. 25, 2016), the Board denied Praxair's inter partes review

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 1 Aug 2016

What Happens When a Prevailing Party Is Still Dissatisfied with PTAB’s Claim Construction

In SkyHawke Tech., LLC v. DECA Int'l Corp., No. 2016-1325 (Fed. Cir. July 15, 2016), the Federal Circuit limited a prevailing party's ability to

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 12 Jul 2016

Organization May Challenge Patent Validity at the Patent Office Without Identifying or Binding Its Members if It Controls the Challenge Independent from Its Members

Recently, the U.S. Patent Trial and Appeal Board allowed a member-based organization that challenges the validity of patents through IPR

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 30 Jun 2016

Motivation to Combine and Teaching Away: Viable Tools, But With Limits

Though inter partes reexamination has faded from view in the post-AIA legal landscape, the proceedings continue to generate important precedent. In

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 30 Jun 2016

Rule Review - Latest Guidance to USPTO Examiners Regarding 101 After Enfish v. Microsoft Decision

Following the Federal Circuit's decision in Enfish, LLC v. Microsoft Corp., No. 2015-1244 (Fed. Cir. May 12, 2016), the U.S. Patent and Trademark

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