Archive for 'Patent'

Written By: Sunjeev S. Sikand This article appeared in the July 22, 2014 Edition of IP Law 360 In proceedings before the Patent Trial & Appeal Board, whether a reference is publicly accessible and therefore qualifies as a prior art printed publication depends on the "facts and circumstances surrounding the reference’s disclosure to members of [...]


Written By: Lawrence E. Ashery This article first appeared in the July 2, 2014 Edition of The Legal Intelligencer When legal principles are at odds with each other, it can be immensely difficult to reach a conclusion that is fair and just. Such is the dilemma in Nautilus v. Biosig Instruments, 572 U.S. _______ (2014). [...]


Written By: Derek Richmond This article first appeared in the July 8, 2014 Edition of IP Law 360 Over the last few years, the Court of Appeals for the Federal Circuit (“CAFC”) has held that a means-plus-function term in a claim relating a computer implemented invention must be supported by a corresponding structure, which can [...]


Written By: Lawrence E. Ashery This article first appeared in the May 7, 2014 Edition of The Legal Intelligencer The eligibility of software for patent protection is in the spotlight once again, but this time it is the U.S. Supreme Court that might be making the decision. Oral argument has already taken place in Alice [...]


Written By: Brian O’Shaughnessy† and Adam Mossoff* Originally published in LES (USA & Canada)’s weekly e-newsletter,


Written By: Lawrence E. Ashery This article appeared in the March 5, 2014 issue of The Legal Intelligencer There are 196 countries in the world, and virtually all of them have intellectual property legislation. In today’s global market, international protection of innovation is a must. For a company to grow, it must protect the use, [...]


Written By: Christopher A. Rothe An applicant who applies for a patent in the U.S. must list each and every inventor in their patent application.[1] When an applicant makes an error and fails to list inventors correctly, the error can create complications when the patent is enforced. In some cases, the error can render the [...]


Written By: Stephen J. Weed & Thomas G. Southard In October 2013, the U.S. Patent & Trademark Office (“PTO”) began issuing the first patents under the new first-to- file rules of the America Invents Act (“AIA”), which went into effect on March 16, 2013. In addition to changing the U.S. patent system from a first [...]


Written By: Lawrence E. Ashery This article was published in IP Law 360 on February 3, 2014 While Alexander Pope has often been quoted for writing “to err is human, to forgive, divine,” some mistakes have greater ramifications than others. United States patent applications have incredibly high standards regarding the accuracy of priority claims. Simply [...]


Written By: Lisa A. Mead In an opinion issued on January 15, 2014 in Novartis AG v. Lee (Fed. Cir., 2014), the Federal Circuit changed how patent term adjustment (PTA) determinations are to be calculated. Several months of additional PTA may now be added to a patent term if a Request for Continued Examination (RCE) [...]

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