The Court of Appeals for the Federal Circuit has sparked debate following a recent ruling on the Patent Trial and Appeal Board's (PTAB) application of estoppel provisions in invalidating amended claims in inter partes...more
Judge Alan D. Albright, sitting by designation at the Federal Circuit, penned his inaugural appellate decision in Apple v. Omni MedSci on Friday. The unanimous ruling favored Apple, who contested Omni MedSci’s patent via...more
Lynk Labs has presented an argument to the Federal Circuit, asserting that patent applications should only be utilized to invalidate patents in inter partes reviews based on their publication date. Currently, the filing date...more
On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more
5/24/2024
/ Design Patent ,
En Banc Review ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Prior Art ,
USPTO ,
Utility Patents
The recent decision in SAS Institute v. Iancu — in combination with the proposed shift from a broadest reasonable interpretation (BRI) standard to the Phillips standard for claim construction used in district court — moves...more
7/11/2018
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Phillips Standard ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
USPTO
In This Issue -
US Taxation of IP After Tax Reform -
U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more
7/11/2018
/ America Invents Act ,
Appeals ,
Artists ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
Defend Trade Secrets Act (DTSA) ,
Disgorgement ,
Evidence ,
Expert Testimony ,
Fair Use ,
Film Industry ,
Foreign Derived Intangible Income (FDII) ,
Franchises ,
Income Taxes ,
Indefiniteness ,
Injunctive Relief ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IRS ,
Misappropriation ,
New Rules ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Phillips Standard ,
Popular ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Summary Judgment ,
Tax Code ,
Tax Cuts and Jobs Act ,
Tax Planning ,
Tax Reform ,
The Copyright Act ,
Trade Secrets ,
Trademark Litigation ,
Trademarks ,
Transfer Taxes ,
U.S. Treasury ,
Uniform Trade Secrets Acts ,
USPTO
Judge Sue L. Robinson of the U.S. District Court for the District of Delaware recently identified a logical fallacy in the “statutory estoppel” jurisprudence with respect to 35 U.S.C. § 315(e)(1).
According to the...more