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Alert - November 16, 2017

On November 15, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision that could provide opportunities for defendants in pending patent litigation to file motions to change venue even in cases in which opportunities previously had passed for filing such motions...

Alert - November 08, 2017

In Mastermine Software, Inc. v. Microsoft Corp., Appeal 16-2465, 2017 U.S. App. LEXIS 21479 (Fed. Cir. Oct. 30, 2017) the Federal Circuit reversed the District Court’s finding of indefiniteness...

Alert - November 01, 2017

Recent changes to the U.S. Copyright Office’s rules relating to the safe harbor provisions of §512 of the Digital Millennium Copyright Act (“DMCA”) will soon require internet service providers to take proactive steps in order to maintain the protections afforded under the Act.  17 U.S.C. § 512...

Alert - October 23, 2017

In reversing the Patent Trial and Appeal Board (PTAB), the Federal Circuit recently held that certain claims of a patent granted to Fast Felt Corp...

Alert - October 06, 2017

Those who were hoping for a clear standard to emerge as a result of the Federal Circuit’s grant of en banc review on the issue of burdens of proof for motions to amend in post-grant proceedings under the American Invents Act (“AIA”) may be disappointed by Aqua Products, Inc. v. Matal, No. 2015-1177, which issued October 4, 2017...

Alert - October 04, 2017

In affirming a District Court vacatur of a jury verdict of infringement under the doctrine of equivalents, the Federal Circuit held that patent owner Dr. Jang failed to prove that his equivalents theory did not ensnare the prior art...

Alert - September 13, 2017

Under 35 U.S.C. § 315(e), a final written decision in an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”) results in estoppel of certain actions by the petitioner...

Alert - September 06, 2017

In Ultratec, the Federal Circuit cited several problems with the Board’s permissive rules of trial proceedings and held the Board abused its discretion in its consideration of supplementary evidence...

Alert - August 30, 2017

On Thursday, August 24, the United States Trade Representative published formal initiation of the awaited Section 301 investigation under the Trade Act of 1974 to determine whether acts, policies and practices of the Government of China related to technology transfer, intellectual property and innovation are actionable under the Trade Act...