Valley Forge, PA | May 2015 – Today, the Supreme Court issued a split, and long-awaited, decision in Commil USA, LLC v. Cisco Systems, Inc. regarding whether a defendant’s good-faith belief in the invalidity of a patent is a defense to a charge of induced infringement. 575 U.S. ___ (2015). The Supreme Court’s concise answer to that question? “It is not.”

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Valley Forge, PA | April 2015RatnerPrestia CEO and President, Jonathan H. Spadt and Benjamin E. Leace, Shareholder, will serve as faculty and panelists for the 9th Annual I.P. Law Institute presented by the Pennsylvania Bar Institute. Jonathan and Christopher H. Blaszkowski, an Associate at RatnerPrestia, will present, “Inter Partes Review – What’s Around the Corner” at the Tuesday morning session. The team will report on the latest developments involving IPR’s and the system of challenging issued patents at the Patent Office.

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Valley Forge, PA | April 2015Jonathan H. Spadt will participate as a speaker at the Federal Circuit Bar Association’s (FCBA) 2015 Bench and Bar Conference. Mr. Spadt’s session, a paramount topic in IP news, is entitled “Why are IPR’s being filed at a rate of 5 times more than the years before?” Also speaking is Deputy Vice Chief Judge Scott Boalick, with the United States Patent and Trademark Office. Their program is part of a Townhall Session 4 on Friday, June 26. The conference takes place June 24 – June 27 at the St. Regis Monarch Beach Resort in Dana Point, CA.

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Valley Forge, PA | April 2015 – Counsel James Gould will speak, as part of a panel, at the University of Baltimore’s School of Law Patent Conference, Post-Grant Procedures at the Patent Office: Timely Cure or New Disease? The conference will take place at the John and Frances Angelos Law Center from 10am to 3pm on April 17, 2015. The panel will address future aspects of post-grant proceedings at the USPTO, including the future role of existing procedures as currently constituted and also the need (if any) for legal changes to post-grant proceedings.
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On behalf of LES (USA and Canada), Inc., Brian Seal of RatnerPrestia will participate in a panel discussion today, Tuesday March 31, analyzing the U.S. Supreme Court hearing in Kimble v. Marvel Enterprises, Inc. Mr. Seal will offer views as to how the Court’s deliberations were influenced by the LES brief before the Court as amicus curiae, and what predictions might be made from the conduct of the hearing.

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Washington, D.C. | March 2015 – RatnerPrestia Counsel Brian S. Seal has been selected to speak at Patent Trolls – Patent Settlement Strategy LIVE Webcast on April 27 from 10:00 am – 12:00 pm (ET). The program will cover The Patent Assertion Entity – An Overview, Facing Patent Trolls and Defense, Patent Wars, Non-Infringement, Effective Policies and Supports on Patents including Recent Trends.

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The U.S. Supreme Court held on March 24, 2015 in B&B Hardware, Inc. v. Hargis Industries, Inc. (No. 13-352) that decisions from the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”), an administrative tribunal, may have preclusive effect, particularly with respect to likelihood of confusion determinations, in later court proceedings so long as “the ordinary elements of issue preclusion are met.”

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Brian P. O’Shaughnessy, Shareholder, RatnerPrestia, is an invited speaker at the 2015 National Congress of the Mexican Association of Applied Research and Technology Development (ADIAT). Brian’s presentation will address “Leveraging Intellectual Property for Value.” ADIAT is a non-profit professional organization created in 1989 to promote regional economic growth and social development through enhanced innovation and competitiveness. ADIAT’s 2015 Congress will be held in Guadalajara, Jalisco, Mexico, March the 25-27, 2015 at the Fiesta Americana Hotel. The overall theme of the conference is: “Entrepreneurship and Innovation Ecosystems.” Brian also serves as Regional Vice President, USA, Licensing Executives Society (USA and Canada), Inc., with responsibility for public policy and government relations; and he has extensive international experience teaching and training in matters of intellectual property portfolio management and value extraction.
     
Written By: Keith E. George
This article appeared in the March 2, 2015 Edition of IP Law 360
There is now little doubt the Supreme Court’s decision last year in Alice Corp. Pty. Ltd. v. CLS Bank Int’l[1] has had and continues to have a profound impact on many aspects of patent protection. There seem to be new developments every day – Federal Circuit and district court decisions, new guidelines from US Patent and Trademark Office, and additional USPTO examples regarding patentable or unpatentable subject matter. On any given day in patent prosecution, it is difficult to know what will be most effective in advancing the client’s application in the face of a difficult Alice conundrum. It may help, though, to keep in mind that the burden rests with the examiner whenever making any rejection. Much like an art rejection, the examiner must address all requirements of each rejected claim (ordered list of elements, as in Alice or claim as a whole as in Diamond v. Diehr[2]) and must present evidence on the underlying factual issues to support the legal conclusion that claim is unpatentable under the statute. It is time to adapt many of our response techniques, honed in overcoming obviousness rejections, to addressing 101 subject matter rejections.

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Wilmington, DE | March 2015Rex Donnelly was selected as the Delaware recipient of the 2015 Client Choice Awards for “Intellectual Property – Trademarks.” Winners were announced on February 26 in the Client Choice Guide – International 2015 and the Client Choice Guide – USA & Canada 2015. Donnelly previously received this honor in 2014.
Established in 2005, the Client Choice awards recognize those law firms and partners around the world that stand apart for the excellent client service they provide. The criteria for the awards focus on the ability to add real value to clients’ business above and beyond other players in the market. Uniquely, these awards survey senior corporate counsel only, with this year’s winners chosen from a pool of more than 2,000 individual client assessments.

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