JD Supra Law

NOVEMBER 4, 2022

Kilpatrick Townsend’s Ted Davis recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act.”

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IP Law 360

MAY 31, 2023

Patent and Trademark Office has rebuffed the latest bids from Salesforce to strike out patents at the heart of a nearly decade-old suit over a mobile app, one of the first times that ex parte reexaminations were rejected because of ties to failed challenges from defensive patent group RPX Corp. An attorney at the U.S.

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Patent Trademark 96

The IP Law Blog

JANUARY 6, 2022

28, 2021), the Court granted defendants’ motion to stay pending ex parte reexamination even though the case had already previously been stayed pending inter partes review. As background, on March 19, 2020, the court granted a motion to stay the instant case during the pendency of an inter partes review of one of the patents at issue.

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Litigation Patent Art Patent Law 98

IP Law 360

NOVEMBER 28, 2023

Patent and Trademark Office for an ex parte reexamination of chemical and seed company Corteva Agriscience's patent on insect-resistant plants on the basis of obviousness over another Corteva patent. A company that specializes in plant breeding technology on Tuesday asked the U.S.

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Patent Technology Trademark 52

Patently-O

MAY 30, 2024

2023) has set the stage for a potentially significant Supreme Court case on the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (ODP). 23-1231 (U.S. May 28, 2024).

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IP Law 360

NOVEMBER 3, 2023

Patent and Trademark Office over its decision to throw out the car brand's bid to reexamine the patentability of a cruise control patent, the latest fight in a larger one over the patent. BMW has sued the U.S.

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IP Law 360

DECEMBER 1, 2021

An inventor has asked the Federal Circuit to reverse an inter partes reexamination decision that invalidated his patent covering a device for unclogging drains — asserted in a decade-old New Jersey lawsuit — and that he says was "so weak that no one will appear to defend it."

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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 2, 2021

IAM recently named four Fish & Richardson principals to the 2021 edition of “Strategy 300: The World’s Leading IP Strategists.” This exclusive list honors legal professionals across all industries who have earned a reputation for developing strategies that maximize the value of IP portfolios. 2021 IAM Strategy 300. John Dragseth.

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IP Law 360

JANUARY 25, 2022

A former chief judge of the Patent Trial and Appeal Board said Tuesday there's been a noticeable increase in requests for ex parte reexaminations, which jumped more than 60% in fiscal year 2021 over the prior year.

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Patent 75

The IP Law Blog

MARCH 26, 2021

The validity of a United States patent can be challenged in federal court litigation. Patents can also be challenged in the U.S. Patent and Trademark Office, which, in most cases, is a quicker and less costly process. In IPRs and PGRs, anyone except the patent owner may file a petition to challenge the patent.

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IP Law 360

OCTOBER 12, 2023

Patent Trial and Appeal Board in several key ways including inter partes review, post-grant review and ex parte reexamination practice, say Jeffrey Shneidman and Jacqueline Tio at Fish & Richardson. Recently proposed legislation, the PREVAIL Act, would change post-grant practice before the U.S.

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Patent 40

IP Law 360

DECEMBER 13, 2021

Samsung secured a reexamination of a wireless battery charging patent after losing an inter partes review bid, but the underlying infringement case will go to trial Jan. 3, after Eastern District of Texas Judge Rodney Gilstrap denied Samsung's motion for a stay on Friday.

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Patent 75

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 22, 2022

The implementation of the America Invents Act in 2012 significantly changed patent practice in the United States, in part by creating an avenue to challenge a patent’s validity at the Patent Trial and Appeal Board (PTAB) without enduring the time and expense of district court litigation. Responding to the AIA.

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Journalism Law All Rights Reserved Litigation 52

IP Law 360

FEBRUARY 24, 2022

Patent and Trademark decisions barring it from seeking ex parte reexaminations of three Vivint Inc. patents, reversing a Virginia federal judge's ruling that judicial review of the USPTO's estoppel decisions isn't available. The Federal Circuit on Thursday revived Alarm.com's challenge to several U.S.

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LexBlog IP

JUNE 22, 2023

Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. The co-introduction of these bills suggests a plan to drive compromise on patent eligibility. Tech industry than the liberalized 101 standard of the Patent Eligibility Restoration Act. Senators Chris Coons (D-Del.),Thom

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Settlement Litigation Patent Art 52

IP Law 360

JANUARY 11, 2022

Patent and Trademark Office director that barred it from seeking ex parte reexaminations of three Vivint Inc. patents it was accused of infringing should be subject to judicial review. A Federal Circuit panel on Tuesday seemed open to Alarm.com's argument that August 2020 decisions by the U.S.

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Trademark Patent 52

IP Law 360

DECEMBER 8, 2021

Patent and Trademark Office can reexamine patents after denial of inter partes reviews, the agency should scrutinize serial and parallel ex parte reexamination requests to curb abusive petitions, says Craig Smith at Lando & Anastasi. Following the recent Federal Circuit Vivint decision, narrowing when the U.S.

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IP Law 360

OCTOBER 4, 2021

Patent and Trademark Office can reexamine patents after an inter partes review petition is denied may encourage patent owners to attack a growing number of reexamination requests by petitioners, but the reach of the ruling appears limited, attorneys say. A Federal Circuit decision narrowing when the U.S.

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IP Law 360

NOVEMBER 18, 2022

Patent and Trademark Office has terminated a reexamination it previously ordered of a patent on emission control systems for engines, finding that the challenger could have raised the same arguments in an earlier inter partes review.

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Patent Trademark 40

IP Tech Blog

JULY 22, 2021

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. The USPTO will only continue to accept applications for the Patents for Humanity COVID-19 category until September 30, 2021.

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Patent Patent Application Invention Blogging 57

LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates.

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IP Law 360

NOVEMBER 22, 2022

The Federal Circuit on Tuesday shot down a pair of mandamus petitions from patent owners seeking to end ex parte reexamination proceedings of their patents, ruling that both parties must wait until final decisions in their respective cases are issued before they can appeal.

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Patent 40

IP Law 360

NOVEMBER 7, 2022

A panel of Federal Circuit judges on Monday dove into the interpretation of "a microprocessor" in a case reexamining whether major telecommunications companies infringed an inventor's patent for a wireless communication device after he argued a lower court's claim construction was flawed.

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LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

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The IP Law Blog

MARCH 17, 2022

When doing so, parties need to actively consider whether they intend that forum selection clause to prohibit filing petitions, such as petitions for inter partes review of patents, with the United States Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”). Patent and Trademark Office …. emphasis added).

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Contracts Intellectual Property Patent Infringement Government 98

IP Law 360

AUGUST 24, 2022

Ex parte reexamination has gained popularity in recent years as an option for a third party to challenge a competitor's patent, but potential disadvantages — such as a lower chance of canceling claims compared to inter partes review — should also be considered, says Michael Sartori at Baker Botts.

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Patent 40

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. §1066(A) and reexamination pursuant to 15 U.S.C. § § 1066(B). Mistake #5: Failing to Include a Proper Index of Evidence.

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IP Watchdog

OCTOBER 1, 2021

billion agreement to buy Acceleron Pharma in a bid to stave off the 2028 patent cliff for Keytruda. billion agreement to buy Acceleron Pharma in a bid to stave off the 2028 patent cliff for Keytruda. billion agreement to buy Acceleron Pharma in a bid to stave off the 2028 patent cliff for Keytruda.

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IP Law 360

SEPTEMBER 29, 2021

Patent and Trademark Office cannot institute a patent reexamination when "nearly identical" inter partes review petitions have been denied for making "abusive" repetitious arguments, in a decision undoing the invalidation of a Vivint Inc. The Federal Circuit ruled Wednesday that the U.S.

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LexBlog IP

JULY 19, 2022

Recently, the Patent Trial and Appeal Board (PTAB) announced a new interim procedure for decision circulation and internal review. The role of the CJP is to inform the panel of any inconsistencies with relevant authority, including existing case law, statutes, Director-written guidance, or USPTO policy.

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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. A reexamination proceeding must be filed within the first five years of registration. Several of these changes took effect in December 2021, while other changes will be implemented later this year. Related Services. About the Author.

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Trademark Registration Intellectual Property Intellectual Property Law 52

LexBlog IP

OCTOBER 12, 2021

the Federal Circuit tackled the question of whether a post-issuance review proceeding (in this case, ex parte reexamination (“EPR”)) was available to a challenger that repeatedly filed another post-issuance review proceeding (in this case, inter partes review (“IPR”)) to forward the very same argument. Background.

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Copying Patent Invention Art 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information and statements” may include, among other items, information that “refutes, or is inconsistent with, a position that the applicant takes in” either “opposing an argument of unpatentability relied on by the Office” or “asserting an argument of patentability.”. the party has a duty to submit the information to the USPTO.”.

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Patent Prosecution Due Diligence Reporting Inventor 76

SpicyIP

JULY 19, 2021

She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. Other Posts.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

JANUARY 23, 2024

In an ex part e appeal from a decision of the Patent Trial & Appeal Board (PTAB) in In re Xencor (application 16/803,690), one of the disputed issue relates to the level off 112 enablement of certain antibody claims when presented in Jepson format or MPF format. A revised decision will allow this Court to provide more effective review.

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LexBlog IP

AUGUST 8, 2023

The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. But sometimes it’s not clear who is the later inventor. Those provisions are therefore unhelpful.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 6, 2021

The court reasoned that “[t]he mere fact that [plaintiff] is not currently practicing the patents does not mean that, as a matter of law, it is not prejudiced by a substantial delay of an imminent trial date.” Stingray IP Solutions, LLC v. Vicor Corporation , 2-14-cv-00287 (Nov. 16, 2021, E.D. Craven, Mag.). 15, 2021, E.D.

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