Intellectual Property Law Blog

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285: FMC argued that OneSubsea’s infringement theories were objectively baseless after the District Court’s claim construction ruling on the term “divert.”

IP 130

IP Litigation Patent Law 130

LexBlog IP

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § § 285 and certain circumstances that do not make a case exceptional. Exceptional Case Findings Under 35 U.S.C. § ”

IP 52

IP Litigation Patent Law 52

LexBlog IP

MARCH 12, 2023

District Court for the Southern District of Ohio Judge Timothy Black rejected arguments that a state court declaratory relief action over the ownership of several disputed patent applications involved federal patent or trade secret claims and ruled that it belonged in state court. § 256 was premature because no patents had yet issued.

Blogging 52

Blogging Litigation Ownership Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., and AbbVie Biotechnology Ltd.; Alvotech hf. See -2289 Dkt.

Litigation 52

Litigation Settlement Patent Marketing 52