Category: Statute of limitations

2019 Trade Secret Law Developments
January 22, 2020
Post by Jonathan L. Kennedy
Since the passage of the Defend Trade Secrets Act (“DTSA”) in 2016, there have been questions as to how the law would be applied in trade secret litigations. 2019 provided indicators on some trends in the application of the law as well as its interplay with state trade secret claims. Two issues of particular relevance were (1) interpretation of the timing requirements for filing a claim for trade secret .......
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PTAB's Interpretation of 35 USC 315(b) Continues to Stand: Dismissal Without Prejudice Effectively Nullifies the One Year Bar to Bring an IPR
March 30, 2016
Post by Jonathan L. Kennedy
The USPTO's Patent Trial and Appeal Board's holding that the voluntary dismissal of a lawsuit, without prejudice, effectively nullifies the service of the complaint for purposes of triggering the one year bar in 35 U.S.C. § 315(b) to petition for the institution of an inter partes review (IPR) stands in Shaw Indus. Grp. v. Automated Creel Sys. after the Federal Circuit maintains that it does not have juri.......
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Today's lesson for litigators: make sure you present all your arguments to the district court
August 21, 2008
Post by Blog Staff
In a decision Tuesday, the Federal Circuit affirmed a district court's holding that two patents were invalid under the on-sale bar of 35 U.S.C. § 102(b). The inventor filed a declaration during prosecution that the invention was reduced to practice before the critical date of the patents, and thereafter sold the claimed method, also before the critical date. The post-reduction to practice sales could n.......
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Purported inventor who waited eight years to file suit could not overcome presumption of laches
July 17, 2008
Post by Blog Staff
In a decision yesterday, the Federal Circuit upheld a district court's grant of summary judgment due to laches and applicable state statute of limitations in an inventorship case. The plaintiff, having waited more than eight years after finding out about the patents to file suit, claimed that an intervening reexamination should have reset the time for determining laches and that the defendant's "uncl.......
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First Circuit: Discovery rule not triggered in copyright case by parties' acrimonious split
July 07, 2008
Post by Blog Staff
In a recent decision, the First Circuit reversed a district court's decision dismissing a copyright infringement claim on statute of limitation grounds. The main issue was whether the statute of limitations for copyright infringement claims barred an architectural firm's action against a former client. The court determined that no triggering event had occurred which would put the plaintiff on inquiry no.......
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First Circuit: Copyright statute of limitations applies to accounting claims between joint authors
December 19, 2007
Post by Blog Staff
In a decision last week, the First Circuit held that a purported assignee of a joint author of a copyrighted work was barred by the Copyright Act's three-year statute of limitations from seeking an accounting of profits, even though the state statute of limitations for seeking such an accounting had not yet run.The plaintiff had purportedly acquired rights in a copyrighted work, Das Hummel-Buch. from the heir.......
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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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