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IP News Alerts

Court Rules That Design Patent Scope Can Be Limited By Prosecution History
January 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Mary Lou Wakimura
In a ruling of first impression, the Federal Circuit Court finds that the Doctrine of Prosecution History Estoppel applies to design patents; Doctrine can limit the scope of the...
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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...
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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 »
 
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...
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Third-Party Clinical Trials Not Considered “Public Use”
June 18, 2013 - Hamilton Brook Smith Reynolds Alert
By: Kristen K. Salvaggio
Public use inquiry is focused on the knowledge obtained by the public during clinical trial of a drug, rather than on the extent of use of the drug. Confidentiality controls implemented...
More »
 
Bowman v. Monsanto Co. Raises Concerns for Buyers of Patented Self-Replicating Products
June 13, 2013 - Hamilton Brook Smith Reynolds Alert
Contributing Writer Chace Craig from Hamilton Brook Smith Reynolds The doctrine of patent exhaustion does not protect replication of genetically modified soybean seeds for...
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Isolated Human Genes Are Not Patentable; cDNA Is Patent Eligible Subject Matter
June 13, 2013 - Hamilton Brook Smith Reynolds Alert
The Supreme Court unanimously ruled today in Association for Molecular Pathology v. Myriad Genetics that genes (naturally occurring DNA segments) isolated from the human body are not...
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Court Rules That Design Patent Scope Can Be Limited By Prosecution History
January 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Mary Lou Wakimura
In a ruling of first impression, the Federal Circuit Court finds that the Doctrine of Prosecution History Estoppel applies to design patents; Doctrine can limit the scope of the...
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 »
 
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 »
 
Third-Party Clinical Trials Not Considered “Public Use”
June 18, 2013 - Hamilton Brook Smith Reynolds Alert
By: Kristen K. Salvaggio
Public use inquiry is focused on the knowledge obtained by the public during clinical trial of a drug, rather than on the extent of use of the drug. Confidentiality controls implemented...
More »
 
Bowman v. Monsanto Co. Raises Concerns for Buyers of Patented Self-Replicating Products
June 13, 2013 - Hamilton Brook Smith Reynolds Alert
Contributing Writer Chace Craig from Hamilton Brook Smith Reynolds The doctrine of patent exhaustion does not protect replication of genetically modified soybean seeds for...
More »
 
Isolated Human Genes Are Not Patentable; cDNA Is Patent Eligible Subject Matter
June 13, 2013 - Hamilton Brook Smith Reynolds Alert
The Supreme Court unanimously ruled today in Association for Molecular Pathology v. Myriad Genetics that genes (naturally occurring DNA segments) isolated from the human body are not...
More »
 

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