AI in Intellectual Property: A Poem
By Microsoft CoPilot Prompt by Lauren Pogue In the realm of thoughts and dreams, Where ideas flow like endless streams,…
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U.S. CAFC Reverses PTAB Decision:
New CAFC case suggests standard for motivation to combine to find obviousness can be less onerous In a recent ruling…
USPTO issues guidance on Artificial Intelligence and its use
Artificial Intelligence Artificial Intelligence, or more specifically Machine Learning software is not sentience, it is a tool. It does not…
USPTO proposes new and increased fees for fiscal year 2025
The United States Patent & Trademark Office (USPTO) recently published its proposed new fees to go into effect October 1,…
MCBEE MOORE & VANIK IP, LLC ANNOUNCES 2024 PARTNERS
Dr. Duen-Hwa Yan and Dr. Christopher J. Nichols join firm partnership FREDERICK, Md. (May 13, 2021) – McBee Moore &…
MMV IP invites students to local biotech event
MMV IP was proud to sponsor another Frederick County Chamber of Commerce Biotech Connector event. Focused on Dynamic World of…
2023: A Year in Review
McBee Moore & Vanik IP, LLC celebrates eight successful years As MMVIP celebrates its 8th anniversary, we are proud to…
Protecting Innovation
An Introduction to the Importance of Patent Law and Biotech Patents As an inventor, you have the power to…
Team Building for Remote Workers
Today, remote work has become very common and according to Gallup Poll, 43% of employees work remotely. People find that…
IP & Women’s History Month – March 2023
It can be daunting as women to break the barrier of societal norms, but over the years we have seen…
New EPO Court System Effective 1 June 2023
The Unitary Patent (UP) and Unified Patent Court (UPC), a new EPO patent and patent enforcement system, respectively, will come…
MMVIP featured in LexisNexis PatentAdvisor® Case Study
One of our Partners, C.G. Moore, has been featured in and contributed to a case study for LexisNexis PatentAdvisor®, a…
USPTO to Retire Public PAIR for new PatentCenter
Modern, user-friendly Patent Center to fully replace legacy Public PAIR system this summer The already operational Patent Center provides a…
Biotech for Small (Start-up) Companies
Intellectual Property (IP) is the lifeblood of biotech companies. Patents allow the companies to establish control over key technologies to support…
World Intellectual Property Day 2022
World Intellectual Property Day April 26, 2022 (Innovating for a Better Future) This year we are celebrating World Intellectual Property…
INTELLECTUAL PROPERTY LAW FIRM CELEBRATES SIX YEARS
McBee, Moore & Vanik IP, LLC Experiences Continued Growth and Accomplishments FREDERICK, Md. (January 14, 2022) – McBee, Moore &…
Federal Circuit Rules An Employment Agreement May Not Be Enough to Prove Ownership of Intellectual Property
Contributor: Lauren A. Pogue On August 2, 2021, the Federal Circuit issued an opinion in Omni MedSci, Inc. v. Apple…
Supreme Court Affirms Fair-Use Doctrine for Software Development
Copyright protection of software code is an important question for companies to consider. In favor of “open source,” are Linux…
BIOTECH LAW FIRM CELEBRATES FIVE YEARS
MMVIP Law experiences continued success and stability FREDERICK, Md. (February 15, 2021) – In January 2016, the founding partners and…
Intellectual Property / Tech Law Firm Reaches #13 on Top Patent Firms List in Biotechnology & Organics Field
McBee, Moore & Vanik had 247 patents issued in 2020 FREDERICK, Md. (January 27, 2021) – McBee, Moore and Vanik…
History of Patents in Skiing Industry
Historically, people have shown an interest in snow sports, specifically skiing. In fact, the oldest skis date all the way…
PPAC Annual Report: A Few Items of Interest
The Patent Public Advisory Committee (PPAC)[1] released its annual report covering fiscal year 2020 (October 1, 2019 – September 30,…
USPTO Fee Increase to Take Effect on October 2, 2020
On October 2, 2020 many USPTO fees are set to increase by about 5%. Some fees will increase even more…
Establishing Nexus between Secondary Consideration Evidence and the Invention
An invention that would have been obvious to a person of ordinary skill at the time of the invention is…
Sovereign Immunity Does Not Prevent Exclusive Licensee from Pursuing Infringement Suit Alone
Gensetix, Inc. v. The Board of Regents of the University of Texas System v. Baylor College of Medicine, Diakonos Research…
Federal Circuit Rejects Request to Adopt New Inventorship Standards
Earlier this month the Federal Circuit affirmed a district court’s determination that two scientists should be named as inventors in…
“Well, I do Declare!”
Timing matters when submitting an Inventor Oath or Declaration U.S. law requires that each inventor or joint inventor of a…
“Patents 4 Patients” Program Extended to 2022
Last week, the USPTO announced that the popular Patents for Patients pilot program will be extended an additional two years. …
Fast-Track Appeals Pilot Program
On July 2, 2020, the United States Patent and Trademark Office (USPTO) launched the Fast-Track Appeals Pilot Program for expedited…
MMVIP goes Agile
Update 06/11/2020 The United Statement Patent and Trademark Office (USPTO) recently registered the Agile IP® trademark for MMVIP. MMVIP provides…
USPTO connects innovators and licensees, virtually!
Patents 4 Partnerships The United States Patent and Trademark Office (USPTO) announced in a recent press release that it has…
Taking Advantage of the Factual Nature of the Written Description Requirement to Overcome Rejections
Life sciences patent practitioners know that written description rejections under 35 U.S.C. § 112 for genus claims nearly always refer…
Types of Powers of Attorney for Pending US Patent Applications
Preparing a Power of Attorney (POA) for U.S. Patent Applications can be a challenging task. Below is a short overview…
Local Intellectual Property Law Firm Wins Government Contract
McBee, Moore & Vanik awarded 10-year contract with NIH FREDERICK, Md. (May 13, 2020) – The National Institutes of Health…
USPTO offering exceptions during COVID-19 pandemic
Due to the COVID-19 pandemic, “stay at home” orders issued in 45 states and DC, disrupting the normal course of…
PTAB Provides Guidance on Secondary Considerations of Nonobviousness in Precedential Decision
A finding of a prima facie case of obviousness can be overcome by producing objective evidence of nonobviousness such as…
USPTO Response to the COVID-19 Pandemic
The impact of COVID-19 continues to reach far and wide, with several patent offices and court systems worldwide changing their…
Obtaining a Grant of a Petition to Revive Just Became More Difficult
On March 2, 2020, the U.S. Patent and Trademark Office issued a notice in the Federal Register (85 Fed. Reg.…
Intellectual Property / Tech Law Firm Reaches #12 on Top Patent Firms List in Biotechnology & Organics Field
FREDERICK, Md. (February 12, 2020) – McBee, Moore and Vanik IP, LLC (MMV IP) has been ranked 12th in the…
#Patents4Humanity
Does your technology help aid underserved communities in the area of energy, medicine, nutrition, living standards and/or sanitation? Then this…
PTAB Erred in Instituting Inter Partes Review on Ground Not Asserted by Petitioners
Last week, the Court of Appeals for the Federal Circuit released a precedential decision holding, inter alia, that the USPTO…
USPTO Initiatives lead to the Quickest Issuance of First Actions Since 2002
Each year, the United States Patent and Trademark Office (“USPTO”) publishes a comprehensive document detailing statistics, achievements, and future goals…
What Happens to Claim Scope When “Comprise” and “Consists Of” Are Used Together in the Same Claim?
On January 7, 2020, in Amgen Inc. v. Amneal Pharmaceuticals, the CAFC decided that the open ended term “comprising” controlled,…
“Light Up” Your Holiday Season
The holiday season is upon us! As our part of the hemisphere gets colder, we prepare ourselves for the festive…
You say “potato,” USPTO says … “dough”: when the broadest reasonable interpretation is unreasonable
The USPTO examiners use the broadest reasonable interpretation (BRI) when construing claims during examination of patent applications. The BRI standard…
HSA and retirement?
Open Enrollment Choices? With open enrollment happening right now or very soon for most United States-based companies, it is worth…
USPTO issues two precedential decisions on inter partes review and prior art
The United States Court of Appeals for the Federal Circuit (“CAFC” or “Federal Circuit”) recently issued two precedential decisions on…
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USPTO releases report about role of women in the patent system
On October 31, 2019, the United States Patent and Trademark Office (“USPTO”) released the SUCCESS report, focusing on the participation…
Happy Halloween! A Brief History and a Few Patents associated with Halloween
Here is a quick look at the history behind Halloween and a few fun inventions that we all turn to…
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Use of Drug in a Difficult-to-Treat Disease Not Obvious Without Proof of Efficacy
OSI Pharma v. Apotex Inc. (Fed. Cir. 2019) In a decision issued recently, the Federal Circuit reversed the Patent Trial…
New Chapter in the Fight for U.S. Patent Rights to CRISPR Technology – Second Interference Underway
Researchers from University of California, Berkeley (and related parties) and The Broad Institute, Inc. (and related parties) continue to battle…
Withdrawal of International Application under Rule 90bis.1
Rule 90bis.1 provides an avenue for recourse if an applicant wishes to withdraw a filed international application in order to…
Small Business Copyright Protection/Infringement
Unlike patents or trademarks, copyright protection automatically attaches to appropriate works once they are fixed in a tangible form. This…
Automatic Interview Request (AIR): USPTO Web Tool Streamlines Interview Scheduling
The USPTO encourages Applicants to engage with Patent Examiners using Interview Practice. According to the USPTO website, “Interviews provide an…
Accelerating U.S. Patent Examination Based on Environment, Energy, and Countering Terrorism
Previously, we wrote about making an application special to speed up patent prosecution based on an inventor’s age. 37 CFR…
USPTO Extends AFCP 2.0
The USPTO has announced that the After Final Consideration Pilot (AFCP) 2.0 program will be extended until September 30, 2020. This…
Hispanic Heritage Month 2019: A look at Hispanic inventors
In honor of the start of Hispanic Heritage Month on September 15, 2019, below is a highlight of notable inventors…
From Protest to Parade: A Quick Look at Labor Day in the U.S.A.
Labor Day in the United States is this weekend; September 2nd. In the U.S., Labor Day is a federally observed…
Accelerating U.S. Patent Examination Based on Inventor Age
Navigating the USPTO Examination Backlog With a backlog of over 500,000 unexamined patent applications at the United States Patent and…
Nonpublication Requests of U.S. Patent Applications: Proceed With Caution
Most U.S. utility1 patent applications are published after expiration of a period 18 months from the earliest filing date. However, in…
Back to School!
Back to School season is upon us again. At #MMWVIP we took a poll and even though we only have…
When Providing Low Quality Service is a Plus
Iridescent Networks, Inc. v. AT&T Mobility, LLC An initial step in many patent proceedings is to determine the meaning of…
Tips to Avoid Reductions to PTA When Citing Documents from Foreign Office Actions
Patent term adjustment (PTA) is awarded by the USPTO to extend the term of patents to account for delays due…
Utilizing Agile Processes in a Law Firm Environment Streamlines Workflow
In today’s fast-paced environment, having the ability to efficiently communicate, receive, and locate information can make a world of difference.…
Don’t Let Excess Claims Fees Break the Bank
While the expense of preparing and filing an international patent application can be substantial, the costs for nationalization of those…
Fireworks and the 4th of July
The United States of America is celebrating its Independence this week with family get togethers, food, and Fireworks. While most…
Entity Status in Patent Applications
When a patent application is filed, as well as during prosecution, the type of entity which the applicant claims determines…
Tips for Preparing Compliant Drawings in U.S. Patent Applications
An important aspect of many patent applications is the drawings/ figures. Often overlooked in preparing the drawings are the USPTO…
Summer Solstice 2019
Are you ready for Summer? AccuWeather predicts more 90-degree-and-above days than last year’s, when frequent precipitation held back daytime high…
Happy Memorial Day From McBee Moore Woodward & Vanik IP LLC
In observance of Memorial Day this weekend, MMWV would like to extend an enormous thank you to those that have…
While the term “Ugg” is generic in Australia, perhaps not so in the United States
Deckers Outdoor Corp. sued an Australian company, Australian Leather, Ltd. in 2016 asking the court to enjoin Australian Leather from…
Seeing Purple: Efforts by Prince’s Estate to Trademark the Color Purple
Earlier this month, attorneys representing the estate of Prince Rogers Nelson (the musician Prince) filed papers seeking to persuade the…
How to Increase Brand Awareness by Protecting a Family of Marks
A family of marks is defined as “a group of marks having a recognizable common characteristic, wherein the marks are…
Correction of Inventorship
(1) a request, signed by a party set forth in 37 CFR 1.33(b), to correct the inventorship (2) the fee…
Making Corrections/Amendments to International Patent Applications
The Patent Cooperation Treaty (PCT) system provides several routes through which an applicant may seek to correct or amend aspects…
Protest Under § 37 CFR 1.291
Contributor: David W. Woodward Clients often ask what they can do about a competitor’s pending patent application. Protest under §…
A Matter of Convenience: Video Conferencing with Patent Examiners
Interviews between an applicant and a United States Patent and Trademark Office (USPTO) examiner are often helpful to advance the…
Happy Easter from MMWV
The Easter holiday is upon us. Families and children have numerous ways of observing this holiday worldwide. Whether it is…
Bike to Work Week 2019
What do you call someone who speaks at a bicycle conference?A spokesperson Speaking of bikes… every year in the United…
Recent IPR Institution Denials Due to Weaker Grounds and “Catch-All” Grounds
The Patent Trial and Appeal Board (PTAB)’s decision to institute an IPR is discretionary.[1] In SAS Institute, Inc. v. Iancu,[2]…
Kickstart Your Lifescience Company
There are SBIR/STTR programs likely available from the National Institute of Health Last week, one of our Patent Agents, Dr.…
State Sovereign Immunity in IPRs Faces Uphill Battle
Tribal Sovereign Immunity Previously Considered by CAFC University of Minnesota Faces Uphill Battle in Claiming State Sovereign Immunity Since the…
Women’s History Month
MMWV employs 12 awesome women who perform on every level of our Firm. From Managing Partner to Firm Administrator, the…
Swiss-Army Executive: The Chief Intellectual Property Officer
It is estimated that intangibles account for roughly 80% of a company’s value and is an especially vital selling point…
SPACE X PAYLOADS – LAUNCH SCHEDULED FOR MARCH 2, 2019 FROM KENNEDY SPACE CENTER IN FLORIDA
Living on the Space Coast as we call it on the Central Florida East Coast, we have become accustomed to…
The Risk of Publishing or Disclosing before Patenting – Lessons Learned
For many years, a persistent slogan in the field of science has been to “Publish or Perish.” However, with the…
Happy Valentine’s Day with Candy, Cards and a Phone Call
Valentine’s Day is a day of love all over the world and we have come to associate a variety of…
Do I Need a Foreign Filing License?
If your invention was “made” in the United States and you want to file a patent application anywhere outside of…
The Super Bowl
This weekend is one of the biggest shows in America, Super Bowl LIII. The Los Angeles Rams will be going…
Federal Circuit Holds that USPTO May Not Reduce PTA for Periods of Time in which There Was No Action Applicant Could Take to Conclude Prosecution
Supernus Pharmaceuticals, Inc. v. Iancu (Fed. Cir. 2019) This ruling could substantially increase PTA in situations where Applicant delay was…
MMWV celebrates three years of successes
FREDERICK, Md. (January 17, 2019) – In January 2016, four founding partners and twelve employees came together to form a…
USPTO Releases 2019 Revised Patent Subject Matter Eligibility
Background The USPTO’s 2019 Revised Patent Subject Matter Eligibility Guidance clarifies the Office’s view of what constitutes an “abstract idea,”…
Breeders Protection Act
New Patent Protection Is Now Available for “Essentially Derived” Assexually Produced Plants and Hemp As of new legislation signed Decemeber…
The Technology Behind New Year’s
Happy New Year on behalf of MMWV! It is great to ring in the New Year in style with fashionable…
MMWV Law Immunotherapy Client Receives 100th Patent
United States Patent and Trademark Office awards Immatics patent for innovative immunotherapies FREDERICK, Md. (January 3, 2019) – McBee, Moore,…
What’s New with New Zealand PTO?
The Intellectual Property Office of New Zealand has examined the submissionsrelated to its recent decision to conduct a review of…
Patent Office of the Republic of Poland Celebrates Centennial
During the week of November 26th a delegation from the European Patent Office led by EPO President António Campinos participated…
Calculating a Reasonable Royalty and Pretending to be Friends: Enplas Display Device Corp. v. Seoul Semiconductor Co., Ltd.
Slip Opinion: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2599.Opinion.11-19-2018.pdf Calculating a hypothetical reasonable royalty can be a nebulous concept. A plaintiff is tasked with imagining what…
UK and EU Commission publish draft agreement
On November 14, 2018, the UK and EU Commission published the draft agreement on the withdrawal of the United Kingdom…
McBee, Moore, Woodward and Vanik IP, LLC Welcomes New Patent Agent
FREDERICK, Md. (November 14, 2018) – McBee, Moore, Woodward and Vanik IP, LLC (MMWV) is proud to welcome Destiny Davenport…
Singapore’s Ministry of Law Invites Public Input
Singapore’s Law Ministry has released for public consultation new proposals related to civil intellectual property disputes. Of special note is…
What is a “Printed Publication?”
In a November 1, 2018 modification of an earlier opinion, the Federal Circuit has provided additional guidance on what constitutes…
USPTO’s Patents for Patients Program – A Good Way to Expedite Patent Grant of Cancer-Related Applications
The USPTO’s Patents for Patients program or Cancer Immunotherapy Pilot Program (“the program”) represents a good option for those looking…
USPTO releases revision to Trademark Manual of Examining Procedure
The USPTO released the October 2018 revision to the Trademark Manual of Examining Procedure (TMEP) yesterday, which marks the most…
eCommerce Modernization is here…almost
The USPTO has started rolling out the authentication updates for their eCommerce Modernization (eMod) project. This part of the eMod…
USPTO unveils new website
If you have visited uspto.gov today, you might have noticed something is different. If you have not, I would say…
USPTO Fiscal Year – Interesting Stats and Figures
September 30 marked the end of the 2018 fiscal year (FY18) for the USPTO. Below are highlighted some interesting stats…
USPTO Seeks a Better Mousetrap
Build a better mousetrap, and the world will beat a path to your door. But if you’re particularly talented with…
About that Conclusory Rejection… Show Me the Evidence
Responding to Conclusory and Unsupported Allegations by USPTO Examiners The USPTO examiners frequently make factual assertions about the technical subject…
Procedural Pitfalls in Post-AIA Applications Pose Obstacles to Correcting Simple Mistakes
Under the America Invents Act (“AIA”), seemingly minor procedural errors made when filing an application can create a procedural morass…
Mobile Office: The Future or Overrated?
Alternative work arrangements, such as mobile offices, have become increasingly common over the last few years. In this post, we…
CAFC Determines Sovereign Immunity Does NOT Preempt Patent Suits Involving Indian Tribes
On July 20, 2018, the Federal Circuit decided that patents owned by Native American tribes are not immune from…
USPTO will roll out new system permitting submissions in Word format replacing PAIR later this year – eMod: eCommerce Modernization
This blog will help introduce a new system (eMod) currently being developed and implemented by the United States Patent and…
New USPTO Guidance on Subject Matter Eligibility Shines Ray of Hope for those Seeking Method of Treatment Claims
On June 7, 2018, the United States Patent and Trademark Office (USPTO) issued a memorandum to the Examining Corps detailing…
Correcting Errors in PCT Priority Claims
The Patent Cooperation Treaty (PCT) system allows for the preserving of foreign patent rights if the PCT application is filed…
Electronic Filing Using the Patent Trial and Appeal Board End to End (PTAB E2E) System
The PTAB E2E filing system was designed for filing electronically all documents related to Inter Partes and Post Grant Reviews,…
Plaintiff Diligence Needed to Avoid Equitable Estoppel
In Akeso Health Sciences, LLC v. Designs for Health, Inc.[1] recently decided in the Central District of California, the court…
The Supreme Court Deems IPRs Constitutional—For Now
Today the Supreme Court affirmed the Federal Circuit’s decision that IPRs do not violate either Articles III or VII of…
PTAB’s Informative Decisions for Denying Institution Under 35 USC § 325(d)
35 U.S.C. § 325(d) gives the Patent Trial and Appeal Board (PTAB or Board) the authority to deny institution of a…
Collaborative Search Pilot Program (CSP)
The Expanded CSP Program is Based on the Success of Previous Versions of CSP For applicants pursuing U.S. patent applications…
PTAB Decisions – What Do the Designations Mean?
Due to the increasing importance of PTAB decisions, we want to take this opportunity to review the various designations a…
Senate Confirms Andrei Iancu as New USPTO Director
On Monday, February 5, 2018, the Senate unanimously (94-0) confirmed Andrei Iancu to become the Director of the United States…
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Remember: “will assign” is not an assignment
The case is Advanced Video Tech. LLC v. HTC Corp. (Fed. Cir. Jan. 11, 2018), available here, and involved U.S.…
Reissue Patent Maintenance Fee Rule Change – Effective Jan. 16, 2018
35 U.S.C. 251(d) provides that an application for a reissued patent with broader scope must be filed within two years…
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The Judicially Created Doctrine of Assignor Estoppel Remains a Defense to Invalidity
EVE/Inc. and Synopsis, Inc. et al. recently filed a petition for certiorari in the U.S. Supreme Court seeking eradication of…
401k Plans – Who’s in?
There is an old saying, ‘A penny saved is a penny earned.’ Truer words have never been spoken, well at…
CAFC Addresses Written Description of Biological Inventions in Amgen v Sanofi
The Federal Circuit has again made it harder to establish written description of biotechnological inventions, particularly when attempting to claim…
Supreme Court Justices Hear Arguments on Constitutionality of AIA Inter Partes Review Proceedings
The Supreme Court held oral hearings on Monday in Oil States v. Greene’s Energy, giving the public its first glimmer…
Patent Prosecution Highway (PPH) Program
In 2006, the United States Patent and Trademark Office (USPTO) joined several other countries’ Patent Offices by entering into a…
PCT National Phase Filing: States, Considerations and Guidance
Welcome to the world of PCT national phase filing. The prospect of filing in some (or all) of the contracting…
Filing an Assignment and Oath/Declaration for a Deceased Inventor
In law, the details are everything. One slight variation in the facts changes the outcome. One example is satisfying the…
Simon Says Stand Up!
You might want to sit down for this one. Research shows that sitting for an extended period of time can…
It is time to encourage our Youth to Create and Invent Now
More than 50 K-12 teachers participated in the 4th Annual National Summer Teacher Institute (NSTI) on Intellectual Property, STEM, and…
Aqua Products v. Matal (Fed. Cir. Oct 4, 2017) (en banc)
In Aqua Products v. Matal (Fed. Cir. Oct 4, 2017) (en banc), the court relaxed the standard for allowing the entry…
U.S. Supreme Court to Consider Two Patent-Related Cases This Term
In light of this week’s opening of the U.S. Supreme Court’s October 2017 term, we want to highlight two patent-related…
USPTO Extends AFCP 2.0 and QPIDS Pilot Programs
The USPTO has announced that both the After Final Consideration Pilot (AFCP) 2.0 and the Quick Path Information Disclosure Statement…
Requesting a Foreign Filing License
Filing for a foreign license can appear a daunting task. Below is a brief summary when it comes to requesting…
The Cancer Immunotherapy Pilot Program: An Update
In June 2017, we wrote about the United States Patent and Trademark Office (USPTO) extending the Cancer Immunotherapy Pilot Program…
Allergan Transfers Challenged Restasis® Patents to the Saint Regis Mohawk Tribe In Effort to End Inter Partes Review
Allergan and the Saint Regis Mohawk Tribe have announced that the Saint Regis Mohawk Tribe [“the Tribe”] is now the…
Federal Circuit Vacates Obviousness Rejection – When is Only "Routine Optimization" Needed?
In its recent decision in In re Stepan Co., The Court of Appeals for the Federal Circuit vacated an obviousness…
USPTO Extends "Patents 4 Patients" Pilot Program
Last summer, we wrote about the “Patents 4 Patients” Cancer Immunotherapy Pilot Program launched by the USPTO. At the program’s…
Supreme Court Curbs Forum Shopping in Infringement Suits
Last month, in its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. __ (May 22,…
Federal Circuit Declines to Clarify Secret Sales Under § 102
In December of last year, we wrote about the interpretation of “otherwise available to the public” as was being litigated…
Post-Halo Enhanced Damages
Timing and Type of Validity/Non-Infringement Opinion Can Be Relevant The weight a court will give an opinion of counsel as…
Constitutionality of AIA Will be Reviewed by Supreme Court
Earlier today, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, which…
USPTO to Replace EFS and PAIR
As part of its efforts to modernize and improve the patent filing system, the USPTO presented an overview of the…
Willful Infringement and Enhanced Damages, following Halo
In Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the United States Supreme Court held that the…
Is "Otherwise Available to the Public" a New Category of Prior Art or a New Catchall Provision?
Under the AIA, 35 U.S.C. § 102 was modified to define various categories of prior art appearing before the effective…
Supreme Court Agrees to Hear Patent Venue Case
Earlier this week, the U.S. Supreme Court granted certiorari to TC Heartland, LLC, a liquid sweetener company based in Indiana…
USPTO Proposes Adopting "But For" Standard for Materiality
On Friday, October 28, 2016, the Federal Register (Vol. 81, No. 209) published the USPTO’s proposed change of Rule 56…
USPTO Proposes Rule to Recognize Client Privilege Extends to Patent Agents & Foreign Practitioners
On October 18, 2016, the United States Patent and Trademark Office (USPTO) published a proposed rule regarding recognition of privileged…
Third-Ever Post-Grant Review Decision Invalidates Patent Under § 101
Last week the Patent Trial and Appeal Board (PTAB) issued its third-ever Post-Grant Review (PGR) decision (PGR2015-00009), following the first…
Track One: USPTO’s Prioritized Patent Examination Program
OVERVIEW Fast innovation is a significant asset to competitiveness on the world stage. However, when a patent application is filed,…
USPTO Launches "Patents 4 Patients": A Cancer Immunotherapy Program
OVERVIEW The Cancer Immunotherapy Pilot Program (also known as “Patents 4 Patients”) provides accelerated review without requiring a petition fee…
Amgen v. Apotex – Biosimilar Applicants Must Provide 180-Day Notice Before Marketing Even if They Participate in the "Patent Dance"
On July 5, 2016, the Federal Circuit rendered its decision in Amgen Inc. v. Apotex Inc., further clarifying the provisions…
USPTO Adds New Pilot Initiative That Could Help Move Pending Cases Through More Quickly – Combines Features of Pre-Appeal Conference & After-Final 2.0 Program
On July 11, the USPTO unveiled its Post-Prosecution Pilot Program (“P3”), which is scheduled to remain in effect until January…
BRI is Permissible Standard in IPR; USPTO Decisions to Institute IPR May Not Be Appealed
The Leahy-Smith America Invents Act (“AIA”) established the procedure of inter partes review (“IPR”) by which the USPTO may permit…
Supreme Court Determines Federal Circuit Test for Enhanced Infringement Damages Too Rigid
The unanimous Halo Electronics decision by the U.S. Supreme Court sidesteps the Seagate case from 2007 and effectively reopens the real possibility that a patentee…
Supreme Court Considers Standard For Enhanced Infringement Damages
Last week the Supreme Court heard arguments in two consolidated cases addressing the issue of how much discretion a court…