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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Immunex Corp. v. Sandoz Inc., Appeal No. 2020-1037 (Fed. Cir. July 1, 2020) In this Biologics Price Competition and Innovation Act case, the Federal Circuit affirmed ...

Patterns of Vexatious Litigation Are a Relevant Consideration in Awarding Attorney's Fees in Patent Infringement Cases

ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the Southern District of...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK adidas AG v. Nike, Inc., Appeal Nos. 2019-1787, -1788 (Fed. Cir. June 25, 2020) This week’s case of the week deals with issues relating to obviousness and...

A large biotech company will maintain patent protection on one of its key products for the next several years following a federal court’s ruling that a... Read More »
In November 2019, the China National Intellectual Property Agency (CNIPA) issued new patent examination guidelines for applying China’s “inventive... Read More »
I’ve recently hosted two webinars on patent classification, taking a look at how contractors for the U.S. Patent and Trademark Office (USPTO) determine where to... Read More »
On June 16, the USPTO published a final rule in the Federal Register revising the rules of practice regarding patent term adjustments in light of the U.S. Court of... Read More »
A design patent protects the visual ornamental characteristics of an article, including consumer and industrial products, medical devices and related tools, sports... Read More »
The United States Patent and Trademark Office (USPTO) has again exercised its authority under the Coronavirus Aid, Relief, and Economic Security Act to grant patent... Read More »
The first half of 2020 has brought so much upheaval and disruption that it is almost hard to contemplate. In the future, there will be entire treatises and... Read More »
Google has countersued Sonos for patent infringement, following Sonos originally filing a patent lawsuit against Google in January. The lawsuit alleges that Sonos is... Read More »
In a recent decision, the issue before the Federal Circuit was the meaning of the term “product” in a patent term extension statute. Biogen Int'l GmbH... Read More »
As coronavirus disease 2019 (COVID-19) has quickly killed hundreds of thousands across an unprepared world, destroyed the livelihoods of millions, and cost trillions... Read More »
Gunshot detection with video analytics, gunshot detection in an indoor environment, and gunshot detection analysis during fire alarms are now exclusive patents held by ... Read More »
With research laboratories around the world racing to develop a coronavirus vaccine, a unique challenge has emerged: how to balance intellectual property rights with... Read More »
As businesses and offices prepare to reopen, the United States Patent and Trademark Office (USPTO) shows its ongoing support for innovation and entrepreneurship during ... Read More »
The U.S. Court of Appeals for the Federal Circuit on Friday upheld a ground-breaking $4.4 million attorneys fee award against the U.S. government for patent... Read More »
Novartis AG: Novartis has reached an agreement with the US Food and Drug Administration (FDA) to proceed with a Phase III clinical trial of hydroxychloroquine in... Read More »
On March 31, 2020, the United States Patent and Trademark Office (“USPTO”) issued a notice entitled “Notice of Waiver of Patent-Related Timing... Read More »
As the coronavirus pandemic continues to claim victims around the world, the race is on to produce the right medicines to fight it. This includes developing a vaccine... Read More »
Real-party-in-interest disputes can be hotly contested before the Board. An order from the Northern District of Illinois shows that these disputes can have larger... Read More »
With essential medical equipment in short supply these days, doctors have been doing everything they can to get what they need to keep treating coronavirus patients. ... Read More »
VirnetX's announcement comes a few weeks after the U.S. Supreme Court refused to hear Apple's latest appeal. Apple argued that it would be "exceedingly... Read More »
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