The Federal Circuit recently dismissed an interlocutory appeal filed by LG Electronics as untimely because LG filed its notice of appeal more than seven months after the district court’s order disposing of all LG post-trial motions except for its post-trial motion on damages. The opinion stands as a lesson to all parties contemplating an appeal … Continue Reading
When you apply for a patent in the United States, you have a legal duty to disclose prior art that could be used to reject your application — in essence, information that may be used against you by the examiner of your application. While persons accused of a crime have a right to remain silent, … Continue Reading
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
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 is thrilled that our outstanding IP team continues to be recognised for its expertise. Partner Ron Lemieux has recently been listed in the IAM Patent 1000 as one of the world’s leading patent professionals. Ron is based in our Palo Alto office and we are so pleased that his work and dedication … Continue Reading
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
On November 8, seven states voted to liberalize existing cannabis laws, bringing the total number of states that will permit cannabis use in some capacity to nearly 30. Given that medical cannabis use has been legal in California for over 20 years and in light of the recent trend towards broader legalization, it may come … Continue Reading
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
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
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
Here at the Squire Sanders IP&T blog, we noticed that WIPO have updated their website. We’re pretty impressed with the new sleek WIPO landing page. We’re interested to know what you think. Do you think the new WIPO website is easier to use? Would you have done it differently? Do you also think it looks eerily … 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
