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Patent application attorney vs. patent litigation lawyer: What are the differences?

Patent Trademark Blog

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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Texas Patent Litigation Monthly Wrap-Up: September 2022

Fish & Richardson Trademark & Copyright Thoughts

Samsung argued that there were potential witnesses from non-party Samsung Research America (“SRA”), three of the five named inventors, prosecution counsel for the patents, and third-party AliphCom in the NDCA. Mercedes-Benz USA, LLC, 2:21-cv-00454 (E.D. September 11, 2022) (Roy Payne). defendant (“Holdings”).

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Federal Circuit Weighs in on Parameters for Prosecution Disclaimer

IP Watchdog

Specifically, the CAFC said the district court erred by relying heavily on the patent prosecution history statements for a related patent that had been cited in the information disclosure statement (IDS) during supplemental examination of one of the patents-in-suit to inform its construction of the term in question.

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Fish & Richardson Elevates 17 Attorneys to Principal 

Fish & Richardson Trademark & Copyright Thoughts

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. and foreign patent prosecution and counseling in the technology areas of bioinformatics, mobile communications, e-commerce, database, and data processing.

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Federal Circuit Upholds Delaware Court’s Inequitable Conduct Analysis

IP Watchdog

for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S. Patent and Trademark Office (USPTO) during patent prosecution, and the CAFC affirmed. Belcher brought the suit against Hospira, Inc.

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Is the Federal Circuit facing a Chronic Problem of Inequitable Conduct?

Patently-O

In 2018, United Cannabis sued Pure Hemp for patent infringement and Pure Hemp responded with a Walker-Process antitrust counterclaim for asserting a patent known to be invalid. The defendant also argued the patent should be held unenforceable due to inequitable conduct during prosecution.

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