Tag Archives: patents

Trial & Error: Violation of MIL Order Not a Per Se Justification for New Trial

The Federal Circuit’s recent opinion in Pacific Biosciences of California, Inc. v Oxford Nanopore Technologies, Inc. et al. reminds us that new trial motions are hard to win, even when the adversary violates a pretrial motion in limine (MIL) order. Rather, the district court judge’s curative instructions and procedures to avoid future violations of a … Continue Reading

Happy Holidays from the USPTO — Or Maybe Not

As it has done in the past, the United States Patent and Trademark Office (“USPTO”) has declared Thursday, December 24, in addition to Friday, December 25, to be a “federal holiday.” The action comes as a result of President Trump’s December 11, 2020 Executive Order extending the traditional Christmas Federal holiday. As a result of this … Continue Reading

DABUS Denied: Only Natural Persons can be Named as Inventors on US Patents

The question of who, or rather what, can be an inventor has taken a front-row seat as use of Artificial Intelligence (AI) becomes increasingly prominent in research and innovation. On April 22, 2020, the United States Patent and Trademark Office (USPTO) issued a decision stating that inventorship under U.S. patent law is limited to natural … Continue Reading

Underestimated Risks: M&A and German Employee Inventions

American and Asian companies considering investments in Europe often focus on targets based in Germany, Europe’s largest national economy. Many buyers are not aware that due to the particularities of German employee invention law the patent portfolio of the target may contain considerable risks with regard to patent ownership. In the worst case, such “skeletons … Continue Reading

Squire Patton Boggs Partner Is A 2018 IP Trailblazer

We are delighted to announce that Rahul Pathak has been recognized as an Intellectual Property Trailblazer by the 2018 National Law Journal. Rahul works with clients on a wide range of patent matters, including prosecution, portfolio management, opinions and due diligence, particularly in the chemistry and biochemistry fields. He was chosen from hundreds of candidates … Continue Reading

The Standard Remains the Same: Supreme Court Confirms PTAB Claims Construction Rules

The United States Supreme Court today unanimously decided to permit the Patent Trial and Appeal Board (“PTAB”) to continue using a tougher standard for claims construction than the standard applied in litigation. In Cuozzo Speed Technologies LLC v. Lee, the Court ruled that the PTAB’s application of the so-called “broadest reasonable interpretation” standard was consistent … Continue Reading

The Federal Circuit Declines to Revisit its Decision that the Biosimilars Patent Dance is Optional – Next Stop, Supreme Court?

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

Imports that Induce Subsequent Infringement are (Again) Subject to the Authority of the ITC

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

The Single Party Rule for Direct Patent Infringement: Guidance from the Federal Circuit’s latest Akamai vs. Limelight decision

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

IP And The Australian Personal Property Securities Register

The Personal Property Securities Act 2009 (Cth) (PPSA) commenced operation on 30 January 2012 and significantly changed the legislative regime governing security interests in Australia.  The PPSA applies to security interests in both tangible and intangible personal property, including intellectual property (IP) and includes specific provisions that deal with security interests in relation to IP.… Continue Reading

Poisonous Priorities and Toxic Divisional Patent Applications in Europe

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
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