Legal News

IPR Petitioners without Concrete Plans for Potentially Infringing Activity May Lack Standing for an Appeal to the Federal Circuit

August 15th, 2018

A Determination of a Trademark’s or Service Mark’s Genericness and Descriptiveness Must be Made Before Determining Whether the Mark has Acquired Distinctiveness

July 10th, 2018

Patent Owners May Recover Lost Foreign Profits When Exporting Components from the U.S.

July 6th, 2018

Lack of Early, Focused, and Supported Notice of Belief of Exceptional Litigation Behavior May Thwart Motion for Attorneys’ Fees Under 35 U.S.C. § 285

28

June
2018

In Stone Basket Innovations, LLC v. Cook Medical LLC, No. 2017-2330, 2018 U.S. App. LEXIS 15670 (Fed. Cir. June 11, 2018), the United States Court of Appeals for the Federal Circuit affirmed the District Court’s order denying attorneys’ fees pursuant to 35 U.S.C. § 285 (2012). The District Court was found to have properly concluded […]

Prior Art Status of Conference Handouts Depends on Multiple Factors, Including Expectations of Confidentiality

28

June
2018

Takeaway: Determining whether materials distributed at a conference or meeting qualify as prior art “printed publications” under 35 U.S.C. § 102(b) requires evaluating all relevant factors, such as the expectations of confidentiality between the distributor and the conference attendees. The Federal Circuit recently clarified how to analyze the prior art status of materials distributed to […]

When an Inter Partes Review is Instituted the USPTO is Required to Decide the Patentability of All Claims Challenged By Petitioner

9

May
2018

In SAS Institute Inc. v. Iancu, No. 16-969 (Apr. 24, 2018), the Supreme Court of the United States ruled that when the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) institutes an inter partes review, 35 U.S.C. § 318(a) (2011) requires the PTAB to decide the patentability of […]