JD Supra Law

MAY 13, 2024

On May 10, 2024, the USPTO issued a Notice of Proposed Rulemaking that proposes major changes to terminal disclaimer practice that could greatly affect both patent prosecution and patent litigation strategies.

Patent Prosecution 59

Patent Prosecution Litigation Patent 59

Patent Trademark Blog

FEBRUARY 9, 2022

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?

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 52

JD Supra Law

MAY 11, 2023

Patent and Trademark Office requires that patent specifications include a written description of the technology that is sought to be patented. Not just a concern for patent prosecution, the written description requirement also impacts litigation strategy.

Litigation 52

Litigation Patent Prosecution Technology Trademark 52

IP Law 360

APRIL 19, 2024

With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes and Boone.

Patent Prosecution 52

Patent Prosecution Patent Litigation 52

LexBlog IP

DECEMBER 7, 2023

6 for filing the most patent applications on behalf of those companies. Harness IP’s attorneys and IP professionals focus exclusively on patents, trademarks, global IP management, litigation and other IP rights. The firm also ranks No. The firm has offices in metropolitan Dallas, Detroit, St. Louis, and Washington, D.C.

Patent Prosecution 52

Patent Prosecution Intellectual Property Law Patent Intellectual Property 52

Patently-O

DECEMBER 14, 2023

The motion levels a number of accusations against the funder of the litigation campaign (AiPi) and its cofounder Eric Morehouse. According to Ramey, Eric Morehouse originally induced AiPi as both a “patent litigation funder and law firm” and looked for Ramey to support the litigation alongside AiPi.

Litigation 51

Litigation Law Patent Prosecution Patent 51

JD Supra Law

SEPTEMBER 6, 2023

Patent practitioners of all stripes should take heed of the recent decision by the U.S. The decision has direct implications for strategies in patent portfolio management, patent prosecution, patent litigation, and transactions involving patent assets. Federal Circuit in In re Cellect.

Patent Prosecution 65

Patent Prosecution Patent Litigation 65

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Lack of support issues are common in European patent prosecution but can be avoided through effective application drafting. Submission of declarations is common in US patent prosecution practice. For ex- ample, Rule 132 declarations, can be used by patent applicants to: Rebut Section 101 rejections.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

IP Law 360

SEPTEMBER 5, 2023

Attorneys at Holland & Knight offer tips for patent prosecution professionals and litigators regarding claims of performance criteria and product attributes that can trigger invalidity under the two-step Alice test.

Patent Prosecution 40

Patent Prosecution Litigation Patent 40

The IPKat

SEPTEMBER 23, 2022

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!)

Litigation 82

Litigation Law Patent Invention 82

Patently-O

AUGUST 8, 2021

Klarquist Sparkman, LLP – Computer Science Patent Attorney/Agent. Polsinelli – Electrical Engineering & Computer Science Patent Prosecution/ Associate. Polsinelli – Design Patent Prosecution/Associate or Patent Agent. Klarquist Sparkman, LLP – Litigation/IPR Associate. Duane Morris.

Patent Troll 87

Patent Troll Patent Prosecution Patent Journalism 87

JD Supra Law

MARCH 29, 2023

Supreme Court is considering whether an Amgen patent is invalid for not meeting the enablement requirements of Section 112(a). It claims antibodies by functional antigen binding and does not disclose the full range of antibody sequences.

Patent Prosecution 55

Patent Prosecution Patent Litigation IP 55

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2021

The new principals in the firm’s Litigation Group are Matthew Colvin (Dallas); Kelly Allenspach Del Dotto (Delaware); Nitika Gupta Fiorella (Delaware); Conrad A. Matthew Colvin represents clients in complex intellectual property litigation, as well as commercial litigation and Hatch-Waxman matters. Gosen (Twin Cities); Andrew G.

Patent Prosecution 75

Patent Prosecution Litigation Due Diligence Technology 75

IP Watchdog

NOVEMBER 1, 2023

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.

Patent Prosecution 59

Patent Prosecution Patent Patent Infringement Litigation 59

Fish & Richardson Trademark & Copyright Thoughts

JULY 9, 2021

Megan Chacon focuses her practice on complex patent litigation across a wide range of technologies. She currently represents Gilead Sciences, one of the largest and most well-known biotechnology companies in the world, in multiple patent litigation matters. Crystal Culhane draws upon her Ph.D.

Journalism 98

Journalism Due Diligence Business Law 98

Patently-O

DECEMBER 5, 2023

Judge Stoll will separately join Erika Arner (Finnegan) for what looks to be an interesting discussion on IPR/Infringement litigation interplay. As I prepare to teach patent prosecution in the spring, I’m looking forward to hearing prosecution hot topics from George Lewis (Merchant & Gould).

Intellectual Property Law 67

Intellectual Property Law Patent Prosecution Intellectual Property Patent Law 67

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Dr. Caleb Bates focuses his practice on intellectual property law, with an emphasis on patent prosecution, strategic counseling, and worldwide patent portfolio management in the pharmaceutical and biotechnology fields. Will Freeman focuses his practice on patent litigation in U.S. He received his J.D.,

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 4, 2022

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.

Litigation 72

Litigation Patent Business Inventor 72

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

For example, a protective order could have the following tiers: Confidential : Information with this designation could be limited to use only for purposes of the litigation, but sharable with everyone involved in the litigation, including the opposing party’s employees.

Litigation 52

Litigation Confidentiality Patent Designs 52

Patently-O

NOVEMBER 7, 2021

Klarquist – Computer Science Patent Attorney/Agent. Klarquist – Litigation/IPR Associate. Klarquist – Chemistry Patent Attorney/Agent. Ballard Spahr LLP – Electrical/Computer Engineering Patent Prosecution Associate. Ballard Spahr LLP – Electrical/Computer Engineering Patent Prosecution Senior Attorney.

Patent Prosecution 67

Patent Prosecution Patent Journalism Intellectual Property 67

IP Law 360

MAY 26, 2022

A Utah federal judge has barred Maschoff Brennan attorneys from certain patent prosecution for Lifetime Products during infringement litigation that provides it with access to a direct competitor's confidential technical information.

Patent Prosecution 40

Patent Prosecution Confidentiality Litigation IP 40

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 30, 2022

Fish & Richardson has received four coveted “Highly Recommended” rankings from LMG Life Sciences in the areas of General Patent Litigation , Hatch-Waxman Patent Litigation (Branded) , Patent Prosecution , and Patent Strategy and Management. Dorothy Whelan. Tony Zhang.

Intellectual Property 52

Intellectual Property Patent Prosecution Litigation Branding 52

Patently-O

AUGUST 22, 2021

New Job Postings on Patently-O: AstraZeneca. Michael Best & Friedrich LLP – IP Litigation Associate. Weaver Austin Villeneuve & Sampson LLP – Patent Prosecution Associate. Hanley, Flight & Zimmerman, LLC – Patent Associate Attorney. (Source: Cointelegraph) . DiBerardino McGovern IP Group.

Intellectual Property 113

Intellectual Property Patent Patent Prosecution Journalism 113

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 28, 2022

In addition, six of the firm’s principals have been shortlisted for individual recognition in the “Litigator of the Year” or “Practitioner of the Year” categories. Patent Contentious (West). Patent Prosecution (U.S.). Patent Contentious (U.S.). Litigator of the Year, California – Chad Shear. ITC (U.S.).

IP 52

IP Patent Prosecution Litigation Intellectual Property 52

IP Watchdog

SEPTEMBER 2, 2021

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.

Patent Prosecution 134

Patent Prosecution Patent Trademark Patent Infringement 134

Patently-O

JULY 23, 2022

Klarquist Sparkman, LLP – Litigation/IPR Associate. Dority & Manning – Chemical Technologies Patent Attorney or Agent. Shook Hardy & Bacon – Patent Prosecution Attorney. Shook Hardy & Bacon – IP Litigation Attorney. Unified Patents. Klarquist Sparkman, LLP – Trademark Attorney.

Intellectual Property 62

Intellectual Property Patent Patent Prosecution Patent Drafting 62

SpicyIP

NOVEMBER 30, 2023

The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete. Image from here.

Patent Prosecution 72

Patent Prosecution Patent Application Invention Patent 72

IP Law 360

OCTOBER 13, 2021

Daikin, holding that the Patent Trial and Appeal Board disregarded prior art teachings in deciding that claims were obvious, reveals how the teaching-away and commercial-success doctrines provide strong arguments to overcome obviousness during patent prosecution or litigation, say attorneys at BCLP.

Patent Prosecution 40

Patent Prosecution Patent Art Litigation 40

LexBlog IP

MAY 18, 2022

Topics covered at this year’s event include the following: Patent prosecution. Cross-border issues in IP litigation. Corporate litigation. Emerging technologies – the internet of things. Law Practice management. International Trade Commission practice. IP Practice in Latin America.

Patent Prosecution 52

Patent Prosecution Privacy Intellectual Property Government 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 23, 2022

Mok is a principal in Fish’s New York office and focuses his practice on IP litigation and counseling for domestic and international companies. Her practice focuses primarily on patent litigation, and she has experience litigating patents in the fields of biotechnology, medical devices, financial services, and computer software.

Patent Prosecution 52

Patent Prosecution Litigation Designs Design 52

IP Watchdog

JUNE 19, 2023

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications.

Patent Application 122

Patent Application Patent Litigation Patent Prosecution 122

Patently-O

FEBRUARY 6, 2022

Klarquist Sparkman, LLP – Chemistry Patent Attorney/Agent. Womble Bond Dickinson (US) LLP – Patent Prosecution Associate/Patent Agent. Womble Bond Dickinson (US) LLP – IP Litigation Associate. Klarquist Sparkman, LLP – Litigation/IPR Associate. Sheridan Ross P.C. Clairvolex Inc.

Patent 51

Patent Patent Prosecution Journalism Intellectual Property 51

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

IP Watchdog

JUNE 20, 2023

For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.

Cease and Desist 128

Cease and Desist Inventor Patent Litigation 128

Patently-O

SEPTEMBER 6, 2022

government and will then receive a portion of any recovered damages (15-30% depending upon whether the Gov’t steps in to do the litigating). Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. 3730(e)(4)(A) (2010). ” Id. Department of Commerce.

Patent Law 60

Patent Law Law Patent Prosecution Patent 60

Fish & Richardson Trademark & Copyright Thoughts

JUNE 23, 2021

Nitika Gupta Fiorella is a principal in Fish’s Delaware office, where she focuses on complex patent litigation. Fiorella has worked on cases involving pharmaceuticals (including Hatch-Waxman litigation ), oil and gas technology , software , medical devices , and polymer chemistry. She received her J.D. She received her J.D.

Journalism 62

Journalism Higher Education Patent Prosecution Litigation 62

The IPKat

DECEMBER 7, 2021

First, for the sake of good order, Lederer means by the term patent trolls an abuse of the patent system, in which— low-quality patents that are asserted against innovative companies by entities that often don’t even make any products. The root source of this situation, according to Lederer, is the patent prosecution process.

Patent Troll 122

Patent Troll Patent Litigation Inventor 122