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Patent Validity

197 published works

  1. Delaware Intellectual Property Litigation

    Judge Robinson Grants Palm’s and Intermec’s Motions For Summary Judgment on Invalidity and Infringement in Part

    By Fox Rothschild LLP

    By Memorandum Opinion entered by The Honorable Sue L. Robinson in Intermec Technologies Corp. v. Palm Inc., Civil Action No. 07-272-SLR (D.Del., September 15, 2011), the Court granted Defendant Palm…

  2. Chicago IP Litigation

    Accused Infringer Need Not Test Prior Art Patented Products to Prove Invalidity

    By R. David Donoghue

    Viskase Cos., Inc. v. World Pac Int'l AG, No. 09 C 5022, Slip Op. (N.D. Ill. Feb. 3, 2011) (Bucklo, J.). Judge Bucklo granted declaratory judgment plaintiff Viskase's motion for…

  3. Patents Post-Grant

    Supreme Court Hears Microsoft Appeal in i4i Dispute

    By Scott McKeown

    Patent Community Awaits Crucial DecisionYesterday, the Supreme Court heard arguments in Microsoft v. i4i . As discussed at length previously, Microsoft has sought Supreme Court review of the following issue:Whether the court…

  4. Patents Post-Grant

    U.S. Gov’t Supports Clear & Convincing Standard

    By Scott McKeown

    Patent Reexamination Cited in Government Brief to Supreme CourtAs noted last week, the amicus briefing in support of respondent i4i was due last Friday at Supreme Court (Microsoft v. i4i). In…

  5. Delaware Intellectual Property Litigation

    Judge Robinson Enters Judgment in Favor of Defendants Apotex Upon Finding Patent Claims Invalid Based on Obviousness

    By Fox Rothschild LLP

    In Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc., et al., Civil Action No. 07-779-SLR, the U.S. District Court for the District of Delaware, by and through a memorandum…

  6. Patents Post-Grant

    Comparison of Current U.S. Inter Partes Reexamination Proceedings to Asian Practices

    By Scott McKeown

    Patent reform changes to the post grant landscape seem inevitable with S.515 gaining traction.  As such, a brief review of other patent systems may shed some light on the mixture of provisions that…

  7. Patents Post-Grant

    Is The Estoppel Effect of Inter Partes Reexamination a Valid Deterrent to Filing? (PART 2 OF 2)

    By Naresh Kilaru Danielle Wright Bulger

    Part 1 of this series focused on the importance of a good prior art search prior to filing a request for inter partes reexamination.  Part 2 examines the exceptions to…

  8. Chicago IP Litigation

    Motion to Amend Pleadings: Relevant Delay is to Trial Date

    By R. David Donoghue

    Connetics Corp. v. Pentech Pharms., Inc., No. 07 C 2230, Slip Op. (N.D. Ill. May 8, 2009) (Gottschall, J.). Judge Gottschall granted defendants' motion to amend their answers to include…

  9. The Contingency

    Inking a Deformable Substrate; Federal Circuit Affirms Patent Invalidity S.J.

    By Barry Barnett

    The Federal Circuit today upheld a summary judgment against the holder of a patent on a "Method and Apparatus for Ink Jet Printing on Rigid Panels".  The court held that…

  10. The Contingency

    No Do-Over for New Counsel

    By Barry Barnett

    Golden Bridge's new argument (about validity of a wireless technology patent) has fallen down.  My fair lady. Can you raise on appeal an argument you didn't make in the trial…