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Congress Rescues Injunctions for Trademark Owners

By Kirk M. Hartung

On December 27, 2020, as part of stimulus package approved by Congress, the Trademark Modernization Act (TMA) was signed into law.  This law revived the presumption of irreparable harm for trademark owners against trademark infringers. Prior to 2006, trademark owners enjoyed a presumption of irreparable harm when infringement was proven.  Then the U.S. Supreme Court […]

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Has the Federal Circuit Made It Nearly Impossible to Maintain Genus Claims?

By Blog Staff

A recent denial by the Supreme Court of the United States (SCOTUS) to hear an appeal by Merck’s Idenix Pharmaceuticals LLC (Idenix), leaves unanswered questions regarding the overall validity of genus claims, particularly within the biopharma field. The SCOTUS denied a petition for writ of certiorari to clarify certain Section 112 requirements with respect to […]

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USPTO Report on Intellectual Property in China: Value, Validity, and Volume

By Sarah M.D. Luth

Last January the U.S. and China signed an Economic Trade Agreement which required China to overhaul its scheme of intellectual property protection. In October of 2020 the National People’s Congress passed new amendments to the Patent Law, which will come into effect on June 1, 2021. The most significant amendments to China’s patent law relate […]

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Federal Circuit affirms introduction of evidence in IPR petitioner’s reply briefs

By Joseph M. Hallman

On November 25, 2020, in VidStream LLC v. Twitter, Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed an appeal from the Patent Trial and Appeal Board (“PTAB”) holding evidence introduced by the petitioner in a reply brief of an inter partes review (“IPR”) proceeding, after the petition had been […]

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“Naked” at the Federal Circuit

By Julie L. Spieker

On December 4, 2020, the US Court of Appeals for the Federal Circuit (“Federal Circuit”) denied petitions by Naked TM, LLC for a panel rehearing and a rehearing en banc of the decision in Australian Therapeutics Supplies Pty. Ltd. v. Naked TM, LLC, 965 F.3D 1370 (Fed. Cir. 2020). The Trademark Trial and Appeal Board […]

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Roll Call: Are all Inventors Accounted for in a Foreign Filing with the EPO?

By Blog Staff

Earlier this month, the European Patent Office (“EPO”) explained why it upheld a decision revoking a patent applied for by Broad Institute of Massachusetts Institute of Technology (MIT) and Harvard (“Broad Institute”) related to CRISPR gene editing. In particular, the decision cited a lack of novelty due to an invalid claim to priority—for inadvertently failing […]

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What IP Experts Are Saying About the 2020 Election

Many patent professionals expect the Biden administration to parrot Obama-era patent policy. Such a view however seems quite simplistic, and several experts seem to think otherwise. First, intellectual property is a relatively niche issue in politics, and most politicians pay little attention to it. Notable exceptions to this rule are Senators Thom Tillis (R-NC), Chairman […]

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Federal Circuit Affirms Intrinsic Evidence Trumps Extrinsic Evidence During Claim Construction

By Joseph M. Hallman

On October 13, 2020, in Immunex Corp. v. Sanofi-Aventis U.S. LLC, Genzyme Corp., and Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed-in-part and dismissed-in-part an appeal from the Patent Trial and Appeal Board (“PTAB”) holding that when it comes to claim construction, intrinsic evidence trumps extrinsic evidence. […]

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Gore-Tex Inventor Passes Away

By Kirk M. Hartung

Robert W. Gore, who invented the waterproof material called Gore-Tex, passed away on September 17, 2020.  Gore was born in 1937 in Salt Lake City, Utah.  He earned a bachelors degree in chemical engineering from the University of Delaware in 1959, and received master and PhD degrees in Chem E from the University of Minnesota […]

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USPTO to Provide a Deferred-Fee Provisional Patent Application Pilot Program

By Luke T. Mohrhauser

In yet another effort to encourage innovation to combat COVID-19, the United States Patent and Trademark Office recently announced a pilot program that attempts to expedite the protection and disclosure of innovations. The pilot program, titled “Deferred-Fee Provisional Patent Application Pilot Program and Collaboration Database to Encourage Inventions Related to COVID-19”, allows inventors to file […]

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