Area Of Focus

MOVING FORWARD
WITH TECHNOLOGY

Chemicals, Energy & Agriculture

Today, the chemical sciences are often multidisciplinary in scope, expanding the technological breadth of this once traditional discipline. Becoming a leader in this industry requires leveraging deep technical acumen to stay on the forefront of all chemical-related technologies.

From the small laboratory to the corporate world, we help our clients leverage their chemical, energy and agricultural inventions and advances. These companies range from large multinationals to small companies and focus in the battery space, CFCs, paints, chemicals, crop protection, and the natural resource industries, to name a few.

Understanding the technology behind many of our clients’ businesses is critical. Our practice is comprised of more than ten attorneys with PhD’s in addition to attorneys and scientific advisors who are chemists, chemical engineers, biochemists, and material scientists. This experience covers the depth and breadth of the chemical, energy, and agricultural sciences. It allows us to provide a multi-dimensional approach to delivering top notch legal services.

We develop long term relationships and are able to give clients what they need. Some of our clients have been with the firm for decades.

We provide meaningful advice that helps achieve our clients' commercial objectives.  Understanding their bottom line is important to us.

We are able to provide a meaningful value proposition for our clients and become their trusted advisor.

Our strategic approach to any IP legal issue is how we help our clients move forward.

Forward Thinking
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In late June 2017, Sen. Chris Coons (D-DE), Sen. Tom Cotton (R-AR), Sen. Dick Durbin (D-IL) and Sen. Mazie Hirono (D-HI) co-sponsored and introduced in the U.S. Senate the Support Technology and Research for Our Nation’s Growth and Economic Resilience  Patents Act of 2017...

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On June 23, 2017, the Federal Circuit held that a party appealing a decision from the Patent Trial and Appeal Board (“PTAB”)...

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The June 15 decision by the Federal Circuit, EmeraChem Holdings, LLC v. Volkswagen Group of Am., Inc., highlights the power of a procedural challenge to a final written decision by the PTAB...

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On June 5, 2017, the Federal Circuit arrived at two different conclusions concerning whether a case is exceptional under 35 U.S.C. § 285, reversing the district court in both cases...

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On May 22, 2017, the Supreme Court of the United States issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (Case No. 16-341) altering the landscape of venue for patent infringement litigation...

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In Helsinn Healthcare S.A., v. Teva Pharm. USA, Inc., the Federal Circuit recently held that, despite changes to the statutory language of § 102 under the Leahy-Smith America Invents Act (“AIA”), the Court’s pre-AIA interpretation of the on-sale bar remains the same with respect to public sales...

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On April 7, the U.S. Patent and Trademark Office (“USPTO”) announced its PTAB Procedural Reform Initiative...

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On April 4, 2017, the United States Court of Appeals for the Federal Circuit (“CAFC”) denied Google’s petition for rehearing en banc.  Unwired Planet, LLC v. Google Inc., ___ F.3d. ___, Case No. 2015-1812 (Fed. Cir. Apr. 4, 2017).  In the petition, Google asked the CAFC to overturn Versata Development Group, inc. v. SAP America, Inc., 793 F.3d 1306 (Fed. Cir. 2015) in light of the Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, 136 S. Ct. 2131 (2016)...

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On Monday, March 27, 2017, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Brands Group LLC, (Case No. 16-341)...

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On March 21, 2017, the Supreme Court of the United States held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be used as a defense against damages for patent infringement where the infringement occurred within the six year period prescribed by 35 U.S.C. § 286...

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The State Intellectual Property Office of China (“SIPO”) on March 1, 2017 finalized the amendment to its Guidelines for Examination; the amendments included patentability of business method patents, enhanced claiming options for software-related inventions, post-filing submission of experimental data for chemical inventions, liberalized amendment practice in post-grant invalidation proceedings, and availability of prosecution documents of Chinese patents and applications...

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Since implementation of the Leahy-Smith America Invents Act, inter partes review (“IPR”) and other post-grant proceedings have been used successfully...

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Brinks attorneys Rashad Morgan, Aisha Hasan and Mark Jenkins will provide an insightful discussion ...

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Brinks attorneys Rashad Morgan, Aisha Hasan and Mark Jenkins will provide an insightful discussion on topics which will ...

Press Releases

RESEARCH TRIANGLE PARK, N.C.—Brinks Gilson & Lione attorneys Rashad L. Morgan, Aisha R. Hasan, and Mark David ...

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Discovery of the revolutionary gene editing technology called CRISPR touched off a battle between the University of California ...

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As part of its annual “Special 301” identification and review of countries that deny adequate and...

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On December 1, 2016, the U.S. Copyright Office launched its new electronic registration system ...

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On December 6, 2016, the Supreme Court in Samsung Electronics Co. v. Apple Inc. upset the framework for determining damages for infringement of a design patent in the context of a multicomponent product.  Under § 289 of the Patent Act, the infringer of a design patent is liable for all of its profit from the manufacture or sale of the infringing “article of manufacture.” 

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The Supreme Court recently granted a petition for writ of certiorari to review the Federal Circuit’s en banc ...

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On November 14, in our continuing series, “Peeking Behind the Curtain – Explaining the Inner Workings of the US ...

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RESEARCH TRIANGLE PARK—Rashad L. Morgan, a shareholder at intellectual property law firm Brinks Gilson & Lione...

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In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., the Federal Circuit discussed the non-appealable...

 

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On October 6th, 2016, the Federal Trade Commission (FTC) released a greatly anticipated study, the subject ..

 

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On October 25 at 12:00PM (CST), in our continuing series, “Peeking Behind the Curtain – Explaining the Inner Workings of ...

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In recent months, the Ninth Circuit and Fourth Circuit have issued important rulings about how the Lanham Act, ...

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Craig Buschmann and Linda Nattler present, “Diving into the (Patent) Pool & Specification and Claim Drafting to Avoid Indefiniteness.” ...

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On July 25, 2016, the Federal Circuit, in In re Magnum Oil Tools Int’l, reversed the final decision of an inter partes ...

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On July 11, 2016, the United States Patent and Trademark Office (Office) announced a new Post-Prosecution ...  

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On June 23, the United Kingdom (UK) voted to exit the European Union (EU) – a decisive move whimsically known ...

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The U.S. Court of Appeals for the Federal Circuit recently ruled in Amgen Inc. v. Apotex Inc. that a biosimilar-product ...

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The Federal Circuit, in an en banc decision, held that to be “on sale” under pre-AIA § 102(b), a product must be the ...

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In vacating a District Court grant of summary judgment that a patent directed to a cryopreservation process was ...

Press Releases

TAMPA—Alejandro J. Fernandez, a partner and litigator at Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, has been named to Florida Legal Elite 2016. The annual listing of legal leaders by Florida Trend magazine names fewer than two percent of active Florida Bar members who practice in the state, and this year includes only 20 attorneys who practice intellectual property law...

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On June 21, 2016, the Federal Circuit, in Immersion Corp. v. HTC Corp., held that a patent application filed as a continuation of an earlier application on the issue date of the earlier application has been “filed before the patenting” of the earlier application, and therefore is entitled to the earlier application’s filing date under 35 U.S.C. § 120...

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On June 17, 2016, IP Frontline published an article entitled, “Never Late is Better: PTAB Denies Petitioners Motion in IPR After Missing Filing Deadline By Minutes” written by Oluwafemi Masha, Kent E. Genin and Jennifer Fox.  Please ...
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On May 23, 2016, the Patent Trial and Appeal Board (PTAB) issued a decision denying motions...

Press Releases
SALT LAKE CITY— Intellectual property law firm Brinks Gilson & Lione announced today that Dr. Jonathan Hartley has joined the firm’s Salt Lake City office as a scientific advisor. Dr. Hartley focuses on nanotechnology, ...
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On May 13, 2016, the Federal Circuit, in Merck & Cie v. Watson Labs., Inc., held that an offer for sale that qualifies as a commercial offer under the law governing contracts...

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The Supreme Court recently granted a petition for writ of certiorari to review the Federal Circuit’s en banc decision in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC.

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President Obama signed into law yesterday the Defend Trade Secrets Act, establishing for the first time an ostensibly uniform national trade secret protection standard...
 

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On April 25, 2016, the Supreme Court heard oral arguments in a case, Cuozzo Speed Technologies, LLC v. Lee, No. 15-446, that seeks to determine whether the Patent Trial and Appeal Board...

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Suggestions to amend or abolish 35 U.S.C. § 101 of the Patent Act are increasing in light of the number of software and biological patents...

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On April 4, 2016 the United States Senate unanimously passed the Defend Trade Secrets Act (S. 1890). 

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On Friday March 18, the Federal Circuit issued an opinion in a pair of appeals involving the contours of personal jurisdiction in Hatch-Waxman litigation—Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., No. 15-1456, and AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 15-1460.

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Two recent cases from the Federal Circuit and Patent Trial and Appeal Board (“PTAB”) ...

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On Friday, January 15, the U.S. Supreme Court granted certiorari in In re Cuozzo Speed ...

Press Releases

SALT LAKE CITY—Brinks Gilson & Lione, one of the nation’s largest intellectual property law ...

in the media

On November 2, 2015 Lyle Vander Schaaf and Carl Charneski were mentioned in the Law360 ...

Press Releases

ANN ARBOR, MICH. – John Lingl, a shareholder in the Ann Arbor office of Brinks Gilson & ...

Press Releases

CHICAGO—Intellectual property law firm Brinks Gilson & Lione announced today that Eric...

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On October 19, 2015, the U.S. Supreme Court granted certiorari in Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc. to address the Federal Circuit’s standard for willful infringement that allows for enhanced ...
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On October 16, 2015, the Court of Appeals for the Second Circuit, in Authors Guild, Inc. v. Google, Inc., No. 13-4829-cv, affirmed the district court’s grant of summary judgment dismissing the Authors Guild’s copyright infringement claim ...
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The USPTO recently announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended for another year and will now run through September 30, 2016. The first iteration of the program launched in 2012, and the current revamped ...
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A district court judge in the Central District of California issued an order in Rupa Marya, et al. v. Warner/Chappell Music, Inc., et al. (Case. No. CV 13-4460-GHK (MRWx) granting the plaintiffs’ motion for summary judgment seeking to ...
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As a follow up on our client alert sent on September 11, 2015, available here, the Patent Trial and Appeal Board (“PTAB”) on September 25, 2015 declined to sanction Coalition for Affordable Drugs (“CAD”), the petitioner of ...
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On September 18, 2015, a split Federal Circuit in SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products, LLC, et al., No. 2013-1564, ruled en banc that laches remains a defense to legal relief in patent infringement suits. The Court ...
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On September 14, 2015, a Ninth Circuit panel issued a unanimous decision in Lenz v. Universal Music Corp., Case No. 13-16106. In the context of the Digital Millennium Copyright Act (DMCA) a copyright holder must consider fair use of a copyright ...
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Since the launch of Inter Partes Review (“IPR”) in 2012 pursuant to the American Invents Act (“AIA”), the general issues before the Patent Trial and Appeal Board (“PTAB”) have been straight forward. First, the ...
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On April, 29, 2014, the U.S. Supreme Court issued its decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. These decisions made it easier for a prevailing party in a patent ...
Press Releases
RESEARCH TRIANGLE PARK, N.C.— Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, today announced that four attorneys and one patent agent are joining its life sciences group in Research Triangle Park, ...
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On August 7, 2015, an Eleventh Circuit panel in Duty Free Americas, Inc. v. The Estee Lauder...

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The Federal Circuit’s recent decision in ABT Systems and University of Central Florida v. Emerson Electric (August 19, 2015) (available here) reinforces the notion that secondary considerations of non-obviousness must typically be tied to the ...
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On August 19, 2015, the U.S. Patent and Trademark Office (PTO) announced a second round of proposed changes to the rules for America Invents Act (AIA) proceedings based on comments and feedback the PTO has received in the past year. As PTO Director ...
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On August 13, 2015, the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc., No. 2009-1372, ruled en banc that there was direct infringement of a method patent, although the claimed steps were not all performed by one entity. ...
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The seeming unwillingness of the Patent Trial and Appeal Board (PTAB) to grant motions to amend patent claims in Inter Partes Review (IPR) proceedings has left many patent owners wondering whether the purported ability to amend claims is merely ...
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Yesterday, the Federal Circuit, in an en banc review, held that the U.S. International Trade Commission’s interpretation of its authority regarding induced patent infringement was reasonable. Based on this ruling, the Commission will be able ...
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Standard essential patents (“SEPs”) cover technology that is required to comply with interoperability standards, such as the 802.11 Wi-Fi standard and the LTE telecommunications standard. Given the “essential” nature of these ...
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On July 29, the Ninth Circuit held that a stock photo company qualifies as an exclusive licensee and therefore has standing to sue under the Copyright Act. Minden Pictures, Inc. v. John Wiley & Sons, Inc., No. 14-15267 (9th Cir. July 29, ...
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The Federal Circuit recently issued a decision that could be very helpful to trademark applicants. On July 20, 2015, the Federal Circuit vacated and remanded the Trademark Trial and Appeal Board’s (“TTAB”) holding that Juice ...
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The Biologic Price Competition and Innovation Act (“BPCIA”) was enacted in 2010 to provide an abbreviated pathway for FDA approval of biologic products (“biosimilars”) deemed sufficiently similar to products already on the ...
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The Federal Circuit affirmed the PTAB’s finding that the challenged claims in a Covered Business Method (CBM) Patent Review are unpatentable for lacking patentable subject matter under 35 U.S.C. § 101. Versata Development Group, Inc. v. ...
Press Releases
SALT LAKE CITY—Ryan L. Marshall and Craig Buschmann, attorneys in the Salt Lake City office of Brinks Gilson & Lione, have again been included in the 2015 Super Lawyers Mountain States list, the rating service's annual regional listing ...
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The choice of priority claiming designation can enhance or impair the longevity of patent life. Last week, the Federal Circuit invalidated a reissue patent after finding that a patentee’s choice of priority claim status left it outside the ...
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A new pilot program at the Patent Trial and Appeal Board (PTAB) allows Appellants with multiple ex parte appeals to accelerate their appeals on a one-for-one basis. Appellants can accelerate one appeal by withdrawing an appeal of another ...
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On June 16, 2015 the Federal Circuit decided en banc to overturn a panel decision of the Federal Circuit that held the term “module” in the context of a computer software patent did not invoke means-plus-function claiming under 35 U.S.C. ...
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On June 22, 2015, the Supreme Court in Kimble v. Marvel Enterprises, Inc. No. 13-720, applied stare decisis to uphold its 1964 decision in Brulotte v. Thys Co., 379 U.S. 29 (1964), where the Court previously held that a patent holder cannot charge ...
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The Senate Judiciary Committee voted early this month to approve patent reform legislation while the House Judiciary Committee approved a similar bill last week. Both the Senate and House bills attempt to improve procedures created by the 2011 ...
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On June 12, 2015, the Federal Circuit held certain prenatal diagnostic testing claims invalid under Section 101, concluding that the claims were directed to a natural phenomenon. Ariosa Diagnostics, Inc. v. Sequenom, Inc. (2014-1139). The decision ...
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In a rare occurrence for an inter partes review proceeding, the Patent Trial and Appeal Board (“PTAB” or “Board”) recently granted a motion to amend, finding the patent owner’s substitute claims to be patentable. In REG ...
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Almost one year ago, the Supreme Court issued its decision in Alice v. CLS Bank, a decision that fundamentally changed the way software claims are analyzed for patent eligibility. Following the decision, Alice has been used aggressively by litigants ...
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Today, in Commil USA, LLC v. Cisco Systems, Inc., the Supreme Court overruled the Court of Appeals for the Federal Circuit (CAFC) and held that a defendant’s belief regarding patent validity is not a defense to an induced infringement ...
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On appeal from the District of Maryland, the Federal Circuit held in Classen Immunotherapies, Inc. v. Elan Pharmaceuticals, Inc., that the § 271(e)(1) safe harbor applied to Elan’s post-approval development of clinical data on its ...
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In upholding the denial of a preliminary injunction, the Federal Circuit held that a drug manufacturer’s label instructing the use of a generic drug for prophylactic use coupled with an instruction to consult a physician in the event of an ...
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The Federal Circuit has decided, sua sponte, to rehear en banc a trademark case on the constitutionality of the Lanham Act’s prohibition against disparaging trademarks. The case involves the rock band The Slants, which is comprised of ...
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On March 27, 2015, the U.S. Patent and Trademark Office (PTO) announced a three-part roll-out plan. The first rule package of “quick fixes” will be released in full later this spring, but part of the first package is effective ...
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On March 24, 2015, the U.S. Supreme Court issued its ruling in B&B Hardware, Inc. v. Hargis Industries, Inc., holding that issue preclusion can apply to adjudications of the Trademark Trial and Appeal Board, if the ordinary elements of issue ...
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A California jury recently found that pop stars Pharrell Williams and Robin Thicke, with their 2013 hit song “Blurred Lines,” infringed the copyright of Marvin Gaye’s 1977 song “Got To Give It Up.” The jury held ...
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Friday marked the FDA’s first-ever approval of a biosimilar application under the Biologics Price Competition and Innovation Act (BPCIA), 42 U.S.C. § 262. The BPCIA was enacted back in 2010 as part of the Patient Protection and ...
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In the first ruling of an appeal of a final decision in an inter partes review (IPR), the Court of Appeals for the Federal Circuit held in In re Cuozzo Speed Technologies, LLC, No. 14-1301 (Fed. Cir., Feb. 4, 2015) that it does not have jurisdiction ...
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On Wednesday, January 21, 2015, the Supreme Court issued its decision in Hana Financial, Inc. v. Hana Bank , No. 13-1211, holding that trademark “tacking” is a question to be decided by a jury. “Tacking” is a principle in ...
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In Teva Pharm. USA, Inc. v. Sandoz, Inc., 574 U.S. __, No. 13-854 (2015), the Supreme Court overturned the Federal Circuit’s long-standing precedent that claim construction is subject to strict de novo review. In a 7-2 decision authored by ...
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A Massachusetts jury has sided with drug makers AstraZeneca and Ranbaxy in the first trial challenging alleged “pay-for-delay” agreements since the U.S. Supreme Court’s FTC v. Actavis, Inc. ruling last year. Following a six-week ...
Press Releases
CHICAGO—Sixteen shareholders at Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, have been selected by their peers for inclusion in The Best Lawyers in America© 2015. Thirteen of the ...
Press Releases
ANN ARBOR – Josh Ney, Ph. D., an associate attorney in the Ann Arbor office of Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., has been named a Top Young Lawyer by DBusiness magazine. For the second ...
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On Tuesday, July 1, 2014, the Supreme Court granted certiorari in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352. The Supreme Court will address the following issues: (1) Whether the Trademark Trial and Appeal Board’s finding ...
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The U.S. Patent and Trademark Office has issued preliminary examination instructions for the Patent Examining Corps to follow when examining claims for compliance with 35 U.S.C. § 101. The instructions are effective as of June 25, 2014, and the ...
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The Supreme Court has ruled in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. ___, No. 13-298 (2014), that claims directed to a computer-implemented scheme for mitigating settlement risk are unpatentable under 35 U.S.C. § 101. In so ...
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On Thursday, June 12, the Supreme Court issued its ruling in POM Wonderful LLC v. Coca-Cola Co., No. 12-761, holding that competitors may bring a Lanham Act claim challenging a product label regulated under the Food, Drug, and Cosmetic Act ...
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In two opinions issued on June 2, 2014, the Supreme Court rejected the Federal Circuit’s claim definiteness and indirect infringement tests, and reversed the Federal Circuit’s holding in each case. In Nautilus, Inc. v. Biosig ...
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In a unanimous panel decision, the Federal Circuit affirmed the finding of the USPTO Patent Trial and Appeal Board (PTAB) that claims directed to cloned cattle, sheep, pigs, and goats are directed to non-patent eligible subject matter under 35 USC ...
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This morning, the U.S. Supreme Court changed the legal test for awarding attorney fees, issuing decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc.  In Octane ...
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On Tuesday, March 25, the Supreme Court issued its ruling in Lexmark International Inc. v. Static Control Components, Inc., No. 12-874, resolving a circuit split on the Lanham Act’s standing requirements for a false advertising cause of ...
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On March 4, 2014, the U.S. Patent and Trademark Office issued a long-awaited guidance memo for evaluating subject matter eligibility under 35 U.S.C § 101 in the wake of two recent Supreme Court decisions: Association for Molecular Pathology, ...
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The U.S. District Court for the Eastern District of Texas (EDTX) has issued a General Order for an alternative case management schedule that expedites disclosures in patent cases.  The 'Track B Initial Case Management Order' is a fast ...
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The Patent Law Treaties Implementation Act of 2012 (PLTIA) has amended the patent laws to fulfill the provisions of the Patent Law Treaty (PLT), which “harmonizes and streamlines formal procedures pertaining to the filing and processing of ...
Press Releases
ANN ARBOR – James Cleland, a shareholder in the Ann Arbor office of Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., has been reappointed for a second, two- year term to serve as a member of the ...
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One of the benefits to the post-grant proceedings created by the American Invents Act (“AIA”) is that parties may settle before the completion of the proceeding. However, as explained below, several recent PTAB decisions make clear that ...
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On January 22, 2014, a unanimous Supreme Court ruled in Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128, that a licensor bears the burden of persuasion on the issue of patent claim coverage over products that the licensor asserts fall ...
Press Releases
Chicago, IL – Brinks Gilson & Lione announced today its membership to the Society of Chemical Manufacturers and Affiliates, the leading international trade association representing the batch, custom and specialty chemical industry. The ...
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On December 13, 2013, a divided Federal Circuit panel reversed the U.S. International Trade Commission and held that the section 337 statute does not authorize the ITC to adjudicate any investigation under which the theory of infringement is based ...
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On December 5, 2013, the U.S. House of Representatives passed H.R. 3309, a bill entitled the Innovation Act.  This bill has wide-sweeping provisions that, if enacted into law by passage of a similar bill pending in the Senate and with approval ...
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On November 13, 2013, the Patent Trial and Appeal Board (PTAB) issued its first final written decision under the new inter partes review (IPR) proceedings in Garmin International Inc. et. al. v. Cuozzo Speed Technologies LLC, case number ...
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The Eastern District of Texas conducted its 17th Annual Bench Bar Conference last week in Plano, TX. The Eastern District traditionally has used this forum to discuss potential changes to the local rules or introduce model orders, particularly in ...
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In re Innovatio IP Ventures, LLC, Patent Litigation, No. 1:11-cv-09308 (N.D. Ill. Sept. 27, 2013) Before Judge James F. Holderman in the U.S. District Court for the Northern District of Illinois On September 27, 2013, Judge Holderman issued a ...
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Today, the Federal Circuit Advisory Council issued a Model Order that it hopes will assist trial courts in crafting orders that reduce litigation costs and streamline patent cases. The Model Order may be found here. Recognizing that litigants often ...
Press Releases
SALT LAKE CITY—Ryan L. Marshall and Craig Buschmann, attorneys in the Salt Lake office of Brinks Gilson & Lione, one of the largest intellectual property firms in the country, have again been recognized by Super Lawyers in 2013. Mr. ...
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Commil USA v. Cisco Systems, 2012-1042 (June 25, 2013) Before Judges Newman (concurring-in-part, dissenting in-part), Prost, and O’Malley (concurring-in-part, dissenting in-part). This week, in Commil USA v. Cisco Systems (2:07cv341-CE), ...
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On June 17, 2013, the Supreme Court issued its long-awaited ruling in Federal Trade Commission v. Actavis, Inc. et. al., No. 12-416.  This case centered on the question of whether “reverse payment” settlement agreements unreasonably ...
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In a unanimous decision in Association for Molecular Pathology, et. al. v. Myriad Genetics, Inc. et. al., the U.S. Supreme Court found “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been ...
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On May 13, 2013, the U.S. Supreme Court issued a unanimous decision in Bowman v. Monsanto Co. regarding the doctrine of patent exhaustion. This case centered on whether a farmer infringed Monsanto’s patent for genetically modified soybean ...
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On April 19, 2013, the U.S. International Trade Commission (ITC) published Final Rules of Practice and Procedure (78 Fed. Reg. 23474-487). The final rules amend certain rules concerning general application (19 C.F.R. 201) and rules concerning ...
Press Releases
CHICAGO – Eleven attorneys at intellectual property law firm Brinks Gilson & Lione have been recognized as IP Stars for 2013 by Managing Intellectual Property magazine, for their insights into the intricacies of practicing IP law and their ...
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The Internet has changed forever. In 2012 over 1,900 applicants applied for new top level domains (gTLDs to the right of the dot., e.g., .brinkshofer), to the Internet Corporation for Assigned Names and Numbers (ICANN), many more than the 500 ...
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Under the Leahy-Smith America Invents Act (AIA), the United States is transitioning from a “first to invent” system, in which a patent is issued to the first inventor, to a “first inventor to file” system, in which the patent ...
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The Leahy-Smith America Invents Act (AIA) provided the USPTO with new fee-setting authority. The authority specifically permits the USPTO to set fees to recover the cost of patent operations, reduce the current patent application backlog, decrease ...
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For patent seekers and patent attorneys alike, March 16, 2013 will be a momentous date. On that day, the U.S. transitions from its current 'first-to-invent' system to a 'first-inventor-to-file' (FITF) system. Although the FITF system ...
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On January 14, 2013, President Obama signed into law a “technical corrections” bill that amends provisions of the Leahy-Smith America Invents Act (AIA), the recently enacted patent reform legislation. While much of the technical ...
Press Releases
CHICAGO – Brinks Gilson & Lione has added four new attorneys as chairs of its firm-wide practice groups and formed two new task forces to focus on intellectual property legal services to clients in Germany and Brazil. Appointees include ...
Press Releases
CHICAGO – Thirty-eight attorneys from Brinks Gilson & Lione have been named in the 2013 Super Lawyers Illinois Edition, in the categories of Intellectual Property, Intellectual Property Litigation, and Alternate Dispute Resolution ...
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 Industrial design protection took a major step forward when President Obama signed the Patent Law Treaties Implementation Act (the “PLTIA”). The PLTIA implements two treaties: the Hague Agreement, which is more formally known as ...
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After more than 30 years of debate regarding the establishment of a unitary patent in Europe, 25 of the 27 member states of the European Union approved on December 11th laws to establish a unitary patent system. The European Union Council must now ...
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On December 7, 2012, the Supreme Court granted certiorari in Federal Trade Commission v. Watson Pharmaceuticals, et. al. (11th Cir.). This case concerns “reverse payment” settlement agreements, which are not uncommon in the ...
Press Releases
CHICAGO – Brinks shareholders Gary M. Ropski and Allen R. Baum have been recognized as Lawyers of the Year in the 2013 The Best Lawyers in America. Mr. Baum has been named Raleigh Lawyer of the Year in Biotechnology, and Mr. Ropski was named ...
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Effective September 16, 2012, patent owners can utilize a new “Supplemental Examination” proceeding to address potential issues affecting granted patent claims. Congress created the procedure with the American Invents Act (AIA) to reduce ...
Press Releases
CHICAGO – Chicago-based Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, today announced that Bashir M.S. Ali, David P. Lindner, John A. Lingl, Stephen C. Smith, Scott A. Timmerman and Mircea A. ...
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Brinks Gilson & Lione has created a series of short videos discussing various provisions of the America Invents Act (AIA), including sections that went into effect on September 16, 2012, and enacted major changes to patent law. The videos ...
Press Releases
CHICAGO – Eighteen attorneys from intellectual property law firm Brinks Gilson & Lione have been named as leaders in intellectual property law in the 2013 edition of The Best Lawyers in America, the oldest and most respected peer-review ...
Press Releases
CHICAGO – Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, has announced the addition of six legal professionals in its Chicago office: Betsy J. Derwinski, Eric D. Babych, James G. DeRouin, ...
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The America Invents Act (AIA), passed in 2011, significantly changes who may file for patent applications and the inventor’s oath or declaration filed with an application. Historically, only inventors could apply for patents in the United ...
Press Releases
CHICAGO – The 2012 Super Lawyers Business Edition has named 24 attorneys from Brinks Gilson & Lione in the categories of Intellectual Property and Intellectual Property – Litigation respectively. The following Brinks attorneys are ...
Press Releases
CHICAGO – Leading Lawyers Network has named 54 attorneys from Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, as 2012 Leading Lawyers in intellectual property in Illinois for 2012. The roster ...
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On September 16, 2012, the next wave of changes under the America Invents Act (AIA) took effect. Outlined below are some of the more significant changes that went into effect, with links to additional information. If you would like more ...
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The America Invents Act (AIA) introduces several new procedures for challenging the validity of an issued patent before the US Patent and Trademark Office (USPTO), with the intention of reducing the time and expense associated with litigation. The ...
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On August 31, 2012, the Federal Circuit issued its highly anticipated en banc decision regarding Akamai Technologies, Inc. v. Limelight Networks, Inc., No. 2009-1372, -1380, -1416, -1417 and McKesson Technologies, Inc. v. Epic Systems Inc., No. ...
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In recent years, patent disputes relating to business method patent disputes have commanded considerable attention at the USPTO and in the nation's courts—even, most notably in Bilski v. Kappos, at the U.S. Supreme Court. Such attention ...
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ANN ARBOR – Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., announces that Robert D. Shereda, Ph.D. and Nicholas J. Angelocci have joined the Ann Arbor office and Jon H. Beaupré, a shareholder ...
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On August 16, 2012, the Federal Circuit issued, after remand from the Supreme Court, its opinion in The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 2010-1406, slip opinion (Fed. Cir. August 16, 2012) (“Myriad”). The ...
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On July 30, 2012, the Federal Circuit issued a decision in Caraco Pharmaceuticals, Ltd. v. Novo Nordisk on remand from the Supreme Court. As summarized in an earlier client alert (click here for the previous alert), the Supreme Court held in April ...
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CHICAGO – Brinks Gilson & Lione, Chicago’s largest intellectual property law firm and one of the largest IP firms in the country, is pleased to announce its sponsorship of a new charter school, Legal Prep, slated to open this fall in ...
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United States law has long held that marking a product with a patent number gives the public constructive notice of a patent. If a patented product is not marked with the patent number by the patent owner, damages for infringement will be limited to ...
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On July 16, 2012, the Third Circuit issued a key ruling in In re K-Dur Antitrust Litigation regarding so-called “reverse payment” settlement agreements, which are not uncommon in the pharmaceutical industry. In these types of agreements, ...
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CHICAGO - Brinks attorneys James R. Sobieraj and Allen R. Baum have again been listed by Intellectual Asset Management magazine in IAM Strategy 300 – The World’s Leading IP Strategists (4th. ed.), a reference guide for senior in-house ...
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The conversion from the longstanding first-to-invent system to a first-inventor-to-file system for granting patent rights may be the most significant change in legal practice to be imposed by the Leahy-Smith America Invents Act (AIA). But the ...
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On June 22, 2012, the U.S. Copyright Office issued a clarification on the examination of compilations, specifically choreographic works, effectively limiting copyright protection to only those works that also fall under the categories identified in ...
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CHICAGO– Brinks shareholders Allen R. Baum, William H. Frankel, Gary M. Ropski, James R. Sobieraj and Andrew D. Stover have been ranked among the top U.S patent law practitioners in Intellectual Asset Management’s inaugural IAM Patent ...
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The U.S. Patent and Trademark Office is set to mark a milestone in its history next week, with the opening of its first regional office. On July 13, 2012, the “Elijah J. McCoy U. S. Patent and Trademark Office” officially opens its doors ...
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Today the U.S. Supreme Court issued its long awaited decision regarding the constitutionality of the 2010 Patient Protection and Affordable Care Act (“ACA”). This Act provides a legal framework for regulatory approval of biosimilar ...
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On June 8, 2012, the U.S. International Trade Commission issued the public version of its April 27, 2012, Opinion in Certain Ground Fault Circuit Interrupters and Products Containing Same, Inv. No. 337-TA-739. This investigation was instituted on ...
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CHICAGO – Brinks Gilson & Lione has been ranked among the top U.S.-based patent law firms in Intellectual Asset Management’s inaugural IAM Patent 1000: The World’s Leading Patent Practitioners. The rankings are based on ...
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The America Invents Act, signed into law on September 16, 2011, finally established funding for the U.S. Patent and Trademark Office’s (USPTO) “Track One” prioritized patent examination procedure that was announced in May 2011. ...
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