Mondaq USA: Intellectual Property
Defendant Universal Remote Control, Inc. filed a motion to stay a patent infringement action filed by Universal Electronics, Inc. pending an Inter Partes Review in the United States Patent and Trademark Office.
Like other traditional trial proceedings, a challenger in an IPR/PGR proceeding is required to bear the burden of showing unpatentability.
The goal in branding is to create a singular, distinctive identity for your business that has the capacity to become an internationally famous mark, so, go "wild" but proceed with caution.
By Memorandum Opinion entered in Depuy Synthes Products, LLC v.Globus Medical, Inc., C.A. No. 11-652-LPS (D.Del., May 7, 2013), The Honorable Leonard P. Stark construed thirty-six (36) disputed terms found in U.S. Patent Nos.7,846,207, 7,862,616, and 7,875,076 (collectively, the "patents-in-suit").
The Federal Circuit has issued its CLS Bank decision on the eligibility of computer-implemented inventions for patenting.
What does the Federal Circuit’s recent decision in CLS Bank Int’l v. Alice Corporation Pty Ltd. mean for software patents?
In a much-anticipated decision, a federal district court has, for the first time, calculated specific RAND-compliant royalty rates for standards-essential patents.
The proposed bill was referred to the House Judiciary Committee, and is intended to reduce the cost of replacement parts to collision shops by limiting the period of time in which a design patent covering an original equipment automotive part could be enforced.
The USPTO has established patent prosecution highway programs with almost every major IP office worldwide.
A new bill introduced in the Senate this week would expand the scope of patents whose validity may be challenged as a "Covered Business Method" patent under the America Invents Act (AIA).
The Internet Corporation for Assigned Names and Numbers is the organization that oversees domain names worldwide, and it has began to accept new applications for expanding the number of generic top-level domains on the Internet.
Plaintiff Nano-Second Technology filed a patent infringement action against Dynaflex International, GForce Corporation, d/b/a/ DFX Sports & Fitness.
In a unanimous decision, the United States Supreme Court held that purchasers of soybeans containing patented biotechnology cannot plant them to produce a new crop without the permission of the patent holder.
In a unanimous decision, the United States Supreme Court held that purchasers of soybeans containing patented biotechnology cannot plant them to produce a new crop without the permission of the patent holder.
The long-awaited decision held that method, computer-readable medium and system claims for technology related to "the management of risk relating to specified, yet unknown, future events" were not directed to patentable subject matter under 35 U.S.C. § 101.
On November 1, 2012, the U.S. District Court for the Eastern District of Virginia held that the U.S. Patent and Trademark Office has been incorrectly calculating patent term adjustments for patent applications in which a Request for Continuation was first filed more than three years after the application’s filing date.
Since the commencement of inter partes review back on September 16, 2012, over 200 petitions have been filed.
A discussion which focuses on an employer's rights in patents on an invention.
The Leahy-Smith America Invents Act (AIA) implements the most significant reform to US patent law since 1952.
"Microsoft v. Motorola" developed a framework for courts to assess fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents.
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The Supreme Court of the United States has recently heard oral argument in "Association for Molecular Pathology v. Myriad Genetics, Inc." to decide the question, "Are human genes patentable?"
In the wake of the Supreme Court oral arguments in the Myriad "gene patent" case, most commentators are predicting that the Court will uphold the patent-eligibility of non-naturally occurring DNA sequences (such as cDNA), but will decide that even "isolated" forms of naturally occurring DNA cannot be patented under 35 USC § 101.
On March 25, 2013, the Supreme Court heard oral arguments in "Federal Trade Commission v. Actavis", which involves a circuit split regarding "pay for delay" settlements within the pharmaceutical industry.
A patent is only as valuable as the patent owner's willingness, and ability, to enforce it. But patent litigation is expensive -- and risky.
Startups and emerging growth companies should focus on building a patent monopoly around the most commercially important choke points of their inventions while making efficient use of their patent dollars and the precious time of their key innovators and technical experts.
A discussion on key five IP consideration corporate counsel should be aware of when retaining a contractor for the developing of a company's software.
What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea"; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?
As is well known, patent trolls often threaten dozens of alleged infringers in the hope of scoring quick license fees from those who understandably prefer to provide a modest payoff, thereby avoiding expensive and protracted litigation.
A recent Second Circuit court decision appears to establish a broad fair use exception for the use of artistic works in new works.
In "Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc.", the Federal Circuit reversed the district court and held that Bayer’s patent covering its Yaz® birth control pill product is invalid as obvious.
