Users of Google Patents might have noticed a recent update. In addition to a new interface and layout, the most exciting innovation is an improved searching function. As background, patentability requires an invention be novel and non-obvious. To determine whether these legal requirements are satisfied, the United States Patent and Trademark Office (USPTO) substantively examines pend....... Read More
The Biologics Price Competition and Innovation Act (BPCIA) establishes an abbreviated pathway for regulatory approval of follow-on biological products that are highly similar to a previously approved product (the reference product). The general structure of the abbreviated pathway, referred to as "biosimilar" licensure , is similar to that used for Abbreviated New Drug Applications (ANDA) unde....... Read More
Both preliminary and permanent injunctions can be crucial forms of relief in any patent case. In addition to preventing continuing infringement of a patent, an injunction puts the patent holder in a much better bargaining position for future licensing negotiations. In its eBay decision in 2006, the Supreme Court required lower courts to apply a four-part common law test for granting injunctive relief. Prio....... Read More
The Supreme Court decision in Octane Fitness LLC v. ICON Health and Fitness (previously discussed on Filewrapper®) changed the standard for awarding attorney fees in patent suits to the prevailing party in exceptional cases under Section 258 of the patent statute. In Octane Fitness, the Court further defined “exceptional cases” to mean those "that stands out from others with respect to the substanti....... Read More
The Federal Circuit has simultaneously issued an order and an opinion in In re Cuozzo Speed Technologies, LLC, previously discussed on Filewrapper® as being the first appeal arising from an inter partes review (“IPR”) . The order issued by the Federal Circuit is a denial of the Petition for En Banc Rehearing to consider appl....... Read More
Patent portfolios are often a substantial asset to business associations, and even for the individual inventor an issued patent or two can be Big Business. Patent assignments (i.e. wholesale buying and selling of patents and patent applications) are not the only ways to trade in the commodity. Many transactions take the form of licenses or assignment in exchan....... Read More
Teva v. Sandoz Revisited On June 18, 2015, a Federal Circuit panel reaffirmed that the key claim of the patent at issue inTeva v. Sandoz, was invalid as indefinite. The procedural posture and technical background leading up to this decision is discussed in aprior blog post. The Federal Circuit ultimately concluded that they are still allowed to address if the question of law regarding indefiniteness....... Read More
Under 35 U.S.C. § 271, a party can be held liable for infringement of a patent under in a number of different ways. The most common liability is for direct, literal infringement of the patent, meaning that accused party actually practices every element of the asserted patent claim(s). The statute also includes provisions for liability based on importation products (§ 271(g)); contributory infringement ....... Read More
Federal trademark rights are generally enforceable throughout the United States. However, confusion can arise where contrary decisions have been made by district courts in different geographical regions relating to the same mark. The Fourth Circuit’s March decision in Georgia Pacific Consumer Prods. LP v. Von Dreble Corp, an appeal from the Eastern District of North Carolina, provides an exem....... Read More
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.
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