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First-filed, Later-Expiring Patent Protected from Obviousness-Type Double Patenting Post In re Cellect

The recent In re Cellect decision by the Federal Circuit1 is significant for patent owners who have obtained patent-term adjusted patents in the same patent family. The court held that term-adjusted patents can be potentially...more

5 Key Takeaways - A New Era Dawns for Design Patent Validity - How the Federal Circuit Has Rewritten Design Patent Obviousness Law

Kilpatrick partners Megan Bussey, Nicki Kennedy, and Michael Bertelson recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on the topic of “A New Era Dawns for Design Patent...more

Legal Alert: USPTO Proposes Major Change to Terminal Disclaimer Practice [Video]

The USPTO recently proposed a major change to terminal disclaimer practice, which can have huge potential impacts. Watch our Legal Alert for more on how to navigate this proposed rule change. * The opinions expressed are...more

It's Not Always Obvious: A Successful Showing of Substantial Evidence Before the Federal Circuit

Volvo Penta of the Americas, LLC v. Brunswick Corporation (2022-1765, Decided August 24, 2023) - Patent litigators are well aware of the challenges of overcoming the substantial evidence standard on appeal from an adverse...more

3 Key Takeaways - PTAB Update: Recent Developments in IPR and PGR Practice

Kilpatrick Townsend attorneys Allison Dobson, Nicki Kennedy, and Troy Petersen recently presented “PTAB Update: Recent Developments in IPR and PGR Practice” at the firm’s Kilpatrick Townsend Intellectual Property Seminar...more

5 Key Takeaways - Strategically Using Appeals to the PTAB

Kilpatrick Townsend partner Nicki Kennedy and counsel Troy Petersen recently presented “Strategically Using Appeals to the PTAB” at the firm’s three-day CLE & Ski Series, KT Intellectual Property Seminar (KTIPS), in...more

PTAB Denies Petitioner Request to Withdraw PGR as “Too Late”

37 C.F.R. § 42.71(a) provides that “The Board…may grant, deny, or dismiss any petition or motion” but does not provide other specifics. The Board therefore has broad discretion in considering requests to withdraw...more

4 KEY TAKEAWAYS: Trade Secret Licensing: Let’s make a DEAL

Kilpatrick Townsend Partner, Nicki Kennedy, provided tips on trade secret protection for licensors and licensees in a recent presentation. Ms. Kennedy outlined how making the decision to license trade secrets is often...more

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