In a May 10, 2024, Notice of Proposed Rulemaking (NPRM), the USPTO proposed sweeping changes in the rules governing the filing of terminal disclaimers. If the USPTO implements the proposed changes, entire patent families could be wiped out if just one claim of one patent in the family is found invalid over prior art. Patent … Continue Reading
Today is World IP Day, a day established by the World Intellectual Property Organization (WIPO) to “learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity.” The theme for 2020 is “Innovation for a Green Future,” and WIPO’s website and magazine contemplate how various IP regimes matter for addressing climate … Continue Reading
It comes as no surprise that the COVID-19 pandemic has and will continue to negatively impact our economy and increase bankruptcy filings. Attorneys Mark Salzberg and Ivan Rothman analyze impacts of COVID-19 related bankruptcies for IP licensees and licensors in our sister blog, Restructuring GlobalView. The post details concerns from the licensee’s and licensor’s perspectives, … Continue Reading
This morning, the Supreme Court issued its most recent ruling in Kirtsaeng v. John Wiley & Sons, Inc., unanimously holding that the “objective reasonableness” of an unsuccessful litigant’s position should be accorded “substantial weight” when awarding attorneys’ fees in copyright cases. The Court, however, also noted that this factor is not dispositive and district courts … Continue Reading
This past summer, a divided Federal Circuit panel found, in the case of Amgen v. Sandoz, that the so-called “patent dance” under the Biologics Price Competition and Innovation Act of 2009 (BPCIA) is optional. This past Friday, the Federal Circuit declined to rehear that decision. Its decision provides biosimilar developers with continued choice while opening … Continue Reading
Can the International Trade Commission (ITC) offer trade relief when the importation of goods is not an act of direct infringement, but rather induces a subsequent act of infringement? In its 2011 determination that Suprema and Mentalix infringed, the ITC did just that. On appeal, in a revised en banc decision, the Federal Circuit has now … Continue Reading
In its fourth decision in the ten-year litigation between Akamai and Limelight, the Federal Circuit again addresses the issue of so-called divided infringement, this time providing guidance on the requirement that only a “single party” can directly infringe. This case had its most momentous turning point last summer, in June 2014, when the Supreme Court … Continue Reading
Following President Obama’s December 2014 announcement of a relaxed policy towards Cuba, many companies await the opening up of the Cuban market. Some steps can be taken now to protect a company’s valuable trademarks and other IP in Cuba. An exception to the long-standing US embargo on trade with Cuba permits US companies to file … Continue Reading
On 16 October 2013, Squire Sanders (US) LLP co-hosted a webinar with ZBM Patents & Trademarks regarding strategic considerations for claiming priority rights and filing divisional applications in Europe, called “Poisonous Priorities and Toxic Divisional Patent Applications in Europe.” Cristina Lopes Margarido, patent examiner at the European Patent Office, and Mathieu de Rooij, partner at … Continue Reading
