IP News Alerts
Lessons Learned from the First IPR Decision by the Federal Circuit - Patent Office Successfully Takes Over Garmin's Attack on Cuozzo's Patent
February 11, 2015
Garmin successfully used an Inter Partes Review ("IPR") counterattack when it was sued for patent infringement and, once Garmin settled with the patent owner, the Patent...
Supreme Court Determines Trademark Tacking is Jury Issue - Reconfirms Markman Claim Construction is for the Judge
January 29, 2015
By: Susan G. L. Glovsky and John L. DuPré
The trademark doctrine of "tacking" allows a trademark owner to gain superior rights based on earlier use of another mark that "create[s] the same, continuing commercial...
Supreme Court Orders Deference to Factual Findings for Claim Construction
January 28, 2015
On Tuesday, January 20, 2015, the U.S. Supreme Court handed down its much-anticipated decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. The Court’s 7-2 decision overturned...
Supreme Court Unanimously Finds Alice Corp's Business Method Patent is Directed to a Patent-Ineligible "Abstract Idea"
June 19, 2014
Today, in Alice Corporation Pty. Ltd. v. CLS Bank International (docket 13-298), the Supreme Court unanimously affirmed the Federal Circuit’s decision that a business method...
Supreme Court Changes Standards for Attorneys' Fees Awards in Patent Cases
May 1, 2014
In a pair of 9-0 rulings, the Supreme Court reviewed Section 285 of the Patent Act, which allows for the awarding of attorneys' fees in patent litigation to a "prevailing...
United States Patent and Trademark Office to Launch Glossary Pilot Program
April 17, 2014
On June 2, 2014, the United States Patent and Trademark Office (“USPTO”) will launch its optional Glossary Pilot Program, which is only for certain software-related or...
No Difference, No Deference: Federal Circuit in Lighting Ballast Maintains De Novo Review for Claim Construction
March 10, 2014
On February 21, 2014, the Federal Circuit, sitting en banc in Lighting Ballast v. Philips Elecs. Co., affirmed the de novo standard of review for patent claim construction on appeal...
Court Rules That Design Patent Scope Can Be Limited By Prosecution History
January 17, 2014
By: Brian T. Moriarty and Mary Lou Wakimura
In Pacific Coast Marine Windshields v. Malibu Boats ("Pacific Coast"), the Federal Circuit held in a case of first impression that the "principles of prosecution history...
Federal Circuit to Review Standing Rules in Inter Partes Reexamination Proceedings
December 11, 2013
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...
A Decision in the First Inter Partes Review - Lessons from Garmin v. Cuozzo for IPRs and Litigation
November 25, 2013
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...
New Rule Change May Save Your Patent Application Filing Date or Priority Claim
November 13, 2013
On October 21, 2013, the U.S. Patent and Trademark Office (PTO) published a final rule which conforms aspects of U.S. patent practice to the U.S.'s obligations under the Patent...
USPTO Reexamination Trumps Federal Court Opinions of Patent Validity
August 21, 2013
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...