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Earlier Disclosure Conveys Possession of Invention, Is Not Invalidating Reference
  • McDermott Will & Emery
  • USA
  • April 27 2018

Addressing the written description requirement under 35 USC 112, the US Court of Appeals for the Federal Circuit found that an international

First AIA Derivation Trial Instituted by PTAB
  • Pepper Hamilton LLP
  • USA
  • March 29 2018

On March 21, 2018, the Patent Trial and Appeal Board (“PTAB”) instituted the first AIA derivation proceeding to determine whether patent claims to a

Incorporation by Reference Users Beware
  • Jones Day
  • USA
  • March 8 2018

In an appeal from final written decisions of the Patent Trial and Appeal Board (“Board”) in six inter partes review (IPR) proceedings where Ford Motor

  • Marshall Gerstein & Borun LLP
  • USA
  • February 21 2018

In re Janssen Biotech, Inc., Appeal 2017-1257 (Fed. Cir. Jan. 23, 2018), is a cautionary tale concerning patents protecting a blockbuster drug

The Entire Market Value of a Product May Be Used as a Base for Calculating Royalties Without Showing that the Inventive Features Drove Market Demand
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 7 2018

The Federal Circuit permitted a damages expert to use the entire market value of an accused lawn mowerthe sales price of the moweras a

Patents for Real Estate Searching on a Computer Are Invalid Under Section 101
  • Hunton Andrews Kurth LLP
  • USA
  • February 1 2018

Real Estate Alliance (“REAL”) appealed District Court’s summary judgment invalidating one of its asserted patents under section 101 for claiming

When the Blind Go Leading the Blind: The USPTO’s 101 Eligibility Guidance
  • Harness, Dickey & Pierce, PLC
  • USA
  • November 7 2017

In the immediate aftermath of the 2013 Myriad decision, the United States Patent and Trademark Office (USPTO) released a set of guidance documents in

PTAB Should Have Given Credit to Inventor Corroborating Evidence
  • McDermott Will & Emery
  • USA
  • October 31 2017

Addressing the issue of whether the patent owner had provided sufficient evidence of prior conception to establish inurement by third-party activity

Federal Circuit Overturns PTAB Fact-Finding Regarding Conception of Invention
  • Jones Day
  • USA
  • October 9 2017

In IPR2014-01198, the PTAB found that the patent owner failed to prove that the patented invention was conceived prior to the date of the prior art

Reluctant to Reverse, the Federal Circuit Offers the PTAB a Mulligan
  • Marshall Gerstein & Borun LLP
  • USA
  • July 11 2017

The Federal Circuit recently vacated the PTAB’s decisions in three interferences. Board of Trustees of Leland Stanford Jr. Univ. v. Chinese Univ. of