Topic
Patent Validity
197 published works
Journal of Business & Intellectual Property Law
SCOTUS Patently Denies the U.S. Postal Service’s Personhood
By Journal of Business & Intellectual Property Law at WFU
By: Mary Jasperse, Summer Blogger On June 10, 2019, the Supreme Court ruled that federal government agencies do not qualify as a “person” under the 2011 Leahy-Smith America Invents Act…
IP Intelligence
Return Mail May Make COFC More Attractive To Patent Holders
This article was first published by Law360 on June 19, 2019. Authored by: William Bergmann and Michael Anderson In 2011 the Leahy-Smith America Invents Act created three new types of…
Government Contracts Law
The Supreme Court Limits Government Agencies’ Ability to Deflect Infringement Claims Through the PTO: A Preamble for Government Contractors
Here’s another reminder of limitations that exist when there is a third party claim of infringement against a U.S. Government agency. In such a case, the patent owner must sue in…
The IP Law Blog
Supreme Court: Federal Government Cannot Challenge Patents in PTAB
The validity of a patent can be challenged in four different types of proceedings: ex parte reexamination, inter partes review, post grant review, and covered business method review. An ex…
Subscript Law Blog
Helsinn Healthcare v. Teva USA (Decision January 22, 2019)
By Clint Mehall
Argument: December 4, 2018Decision: January 22, 2019Petitioner Brief: Helsinn Healthcare S.A.Respondent Brief: Teva Pharmaceuticals USA, Inc.,Court below: Federal Circuit Court of AppealsSupreme Court reinforces the longstanding rule that even a non-public…
PTABWatch
Trade Show Publication Dooms Patent in IPR Appeal Despite Contrary Decision in ITC Appeal
Inter partes review not only provides a faster and cheaper way to challenge patent validity, but also expands the Patent Office’s ability to develop law on esoteric issues relating to…
PTABWatch
IPR Estoppel Does Not Apply to ITC Investigative Staff
Judge Cheney of the United States International Trade Commission held that ITC Investigative Staff are not estopped from asserting invalidity of a patent based upon prior art that was previously…
The IP Law Blog
IP Challenges Again Take the Stage at the U.S. Supreme Court
Intellectual property disputes will again take their place on stage at the U.S. Supreme Court this term when the court addresses at least two IP questions. 1. Can the government…
Patents Post-Grant
Invalidity Contentions as IPR Estoppel Markers
By Scott McKeown, Scott McKeown Wolf Greenfield
Invalidity Contentions Serve as Estoppel Benchmark A Patent Owner may only avail itself of an IPR estoppel defense in court upon demonstrating that a competent prior art search would have uncovered the…
PTABWatch
Federal Circuit Puts Nail in Coffin For Petitioner’s Case Challenging Casket Patent
In Matthews International Corporation v. Vandor Corporation, No. 2017-1889 (Fed. Cir. Mar. 27, 2018) (non-precedential), the Federal Circuit affirmed the PTAB’s final written decision to uphold the claims of Vandor’s…