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IP News Alerts

Supreme Court to Address Claim Definiteness in Nautilus, Inc. v. BioSig Instruments, Inc.
January 16, 2014 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
Important Issues: Are issued claims invalid for failing to meet the statutory requirement of distinct claiming only when the claims are "not amenable to construction"...
More »

Federal Circuit to Review Standing Rules in Inter Partes Reexamination Proceedings
December 11, 2013 - Hamilton Brook Smith Reynolds Alert
By: Christopher K. Albert
The Federal Circuit is examining whether third party public interest groups have standing to appeal adverse United States Patent and Trademark Office (USPTO) decisions to the Federal...
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A Decision in the First Inter Partes Review - Lessons from Garmin v. Cuozzo for IPRs and Litigation
November 25, 2013 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky and Timothy J. Meagher
In Garmin v. Cuozzo, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office issued its first final decision after trial in an Inter Partes Review...
More »

New Rule Change May Save Your Patent Application Filing Date or Priority Claim
November 13, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
A new PTO rule makes important changes providing for: greater ease of filing utility applications; a single standard that applicants may use to revive abandoned applications...
More »

The European Patent Office Extends the Time for Filing Divisional Applications
October 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
Updated January 2014 to Reflect New Fee Rates The two-year limitation on filing a divisional application in Europe is being repealed. After April 14, 2014, an Applicant can file...
More »

Eligibility of Computer and Software-Related Patents is Again Before the Supreme Court
September 23, 2013 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce and Mary K. Murray, Ph.D.
Following its decision that isolated human genes are not patentable, the U.S. Supreme Court is now being asked to provide a clear demarcation between what is and is not patent eligible...
More »

Filing a Petition for Inter Partes Review or Post-Grant Review Can Stay Other Patent Office Post-Grant Proceedings
August 23, 2013 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
Filing of a petition for inter partes review, or post-grant review, under the America Invents Act (AIA) can prompt a stay of ex parte reexamination.   The Order On August...
More »

USPTO Reexamination Trumps Federal Court Opinions of Patent Validity
August 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: David E. Brook
A party accused of infringing a patent can fail to invalidate the patent in the courts but still win based on a decision of invalidity in a reexamination proceeding at the United...
More »

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Supreme Court to Address Claim Definiteness in Nautilus, Inc. v. BioSig Instruments, Inc.
January 16, 2014 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
Important Issues: Are issued claims invalid for failing to meet the statutory requirement of distinct claiming only when the claims are "not amenable to construction"...
More »

Federal Circuit to Review Standing Rules in Inter Partes Reexamination Proceedings
December 11, 2013 - Hamilton Brook Smith Reynolds Alert
By: Christopher K. Albert
The Federal Circuit is examining whether third party public interest groups have standing to appeal adverse United States Patent and Trademark Office (USPTO) decisions to the Federal...
More »

A Decision in the First Inter Partes Review - Lessons from Garmin v. Cuozzo for IPRs and Litigation
November 25, 2013 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky and Timothy J. Meagher
In Garmin v. Cuozzo, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office issued its first final decision after trial in an Inter Partes Review...
More »

New Rule Change May Save Your Patent Application Filing Date or Priority Claim
November 13, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
A new PTO rule makes important changes providing for: greater ease of filing utility applications; a single standard that applicants may use to revive abandoned applications...
More »

The European Patent Office Extends the Time for Filing Divisional Applications
October 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
Updated January 2014 to Reflect New Fee Rates The two-year limitation on filing a divisional application in Europe is being repealed. After April 14, 2014, an Applicant can file...
More »

Eligibility of Computer and Software-Related Patents is Again Before the Supreme Court
September 23, 2013 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce and Mary K. Murray, Ph.D.
Following its decision that isolated human genes are not patentable, the U.S. Supreme Court is now being asked to provide a clear demarcation between what is and is not patent eligible...
More »

Filing a Petition for Inter Partes Review or Post-Grant Review Can Stay Other Patent Office Post-Grant Proceedings
August 23, 2013 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
Filing of a petition for inter partes review, or post-grant review, under the America Invents Act (AIA) can prompt a stay of ex parte reexamination.   The Order On August...
More »

USPTO Reexamination Trumps Federal Court Opinions of Patent Validity
August 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: David E. Brook
A party accused of infringing a patent can fail to invalidate the patent in the courts but still win based on a decision of invalidity in a reexamination proceeding at the United...
More »

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