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Patents

Two More District Court Cases Uphold Patent-Ineligibility Of Diagnostic Method Claims

In two recent cases decided on the same day in different District Courts, issued US patents to diagnostic methods were found in preliminary motions to...

Be Careful What You Sell, the Patent Exhaustion Doctrine is Expanded to Cover All Products Sold By a Patentee

The Supreme Court expanded the doctrine of Patent Exhaustion in Impression Products, Inc. v Lexmark International Inc. No. 15-1189. The Supreme Court held that where a patentee...

The Supreme Court Redefines Some Of The Rules In The Game Of Forum Shopping

In TC Heartland LLC v Kraft Foods Group Brands LLC, (No 16 -341) May 22, 2017, the Supreme Court concluded that under the patent venue statue,...

Like Some Bad Horror Movie: The Return of the Secret Prior Art

In the first Federal Circuit decision on the meaning of 35 U.S.C. §102 under the new AIA law (Helsinn Healthcare v. Teva (Appeal Nos. 2016-1284 and...

Large Law Firm Realizes What MWZB Has Known for Nearly 50 Years: Patent Applicants are Best Served by a Firm Dedicated to Patent Prosecution

In what Bloomberg Business has termed a “wake-up call,” a national litigation law firm last month decided to spin off into a separate firm nearly...

Defend Trade Secrets Act (DTSA): What You Need To Know

The DTSA federalizes the misappropriation of trade secrets. Before this Act, trade secret law was conducted only at the state level where each state had...

Value in Underutilized Design Patents

Design patent protection is distinct from utility patent protection. Design patents protect the ornamental features of an article of manufacture rather than its utilitarian features....

Diagnostic Peptide Panels Patent-Ineligible?

Oxford Immunotec Ltd. v. Qiagen, Inc. et al., pending in the U.S. District Court, D. Mass. (Case 1:15-cv-13124-NMG), likely has a long way to go before...

Are Proactive Portfolio Reviews Needed After 2015 Gilead Double Patenting Decision?

Gilead Sciences, Inc., Hoffmann-La Roche, Inc., F. Hoffmann-La Roche, Ltd., and Genentech, Inc., v.Natco Pharma Ltd.and Natco Pharma, Inc., 753 F.2d 1208 (Fed. Cir. 2014,...
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