IPR Is Here to Stay, With Even Greater Stakes

On April 24, the Supreme Court issued two important decisions on the availability and scope of post-grant Inter Partes Review (IPR) by the U.S. Patent and Trademark Office. The IPR process allows the PTO to review and potentially cancel claims…

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Review of Recent IP Supreme Court Cases

The Supreme Court recently decided three different cases related to intellectual property issues. The Court reviewed the process of instituting an inter partes review (IPR) in In re Cuozzo Speed Techs., finding that a decision of whether to institute an…

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New Rules May Alter Patent Litigation

On December 1, 2015, new amendment to the Federal Rules of Civil Procedure went into effect. For intellectual property practice, the most significant change may be the elimination of the “Forms” section of the rules and Rule 84. Previously, pleadings…

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July 2015 Patent Case Update

The Supreme Court addressed a number of patent law topics this year, including the standard of review for patent claim construction (Teva Pharmaceuticals v. Sandoz), royalties on expired patents (Kimble v. Marvel Enterprises), and defenses to claims of induced infringement…

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May 2015 Administrative Estoppel Presentation

The following presentation provides an overview of administrative estoppel and its preclusive effects in relation to intellectual property cases. To view the presentation, visit: Administrative Estoppel from Woodard, Emhardt, Henry, Reeves & Wagner, LLP

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Patent Eligibility at the Supreme Court

On December 6, the U.S. Supreme Court agreed to hear a case about whether computer-implemented inventions are patent-eligible subject matter under 35 U.S.C. § 101. The case, Alice Corporation Pty. Ltd. v. CLS Bank International, No. 13-298, involves computer technology…

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USPTO Implements Final First-Inventor-to-File Rules Effective March 16

The USPTO recently published final rules implementing the first-inventor-to-file provisions of the America Invents Act (AIA) that take effect on March 16, 2013.  The full text of the new rules is available here.  The USPTO also published examination guidelines accompanying…

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New USPTO Fee Schedule To Take Effect on March 19th

On January 18, the United States Patent and Trademark Office (PTO) issued new rules setting and adjusting patent fees. Under the America Invents Act (AIA), the PTO has increased authority to set and change the fees it charges in order…

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Patent Infringement by the U.S. Government under § 1498

What should you do if the U.S. Government infringes your patent?  Under 28 U.S.C. §1498, whenever the government uses or manufactures a invention covered by a patent of the United Stated, without a license from the owner, the owner may…

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