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2 months ago | 
ipwatchdog.com | Roy H. Wepner |Eileen McDermott
IPWatchdog LIVE Moves to March in 2025: Click for details “The Novartis case should have been treated in the same way as other cases where a patentee secured a broad claim construction to prove infringement, only to have the patent invalidated because the claims as construed were not enabled as to their full scope.”In Novartis Pharms. Corp. v. Torrent Pharma Inc., ___F. 4th ___, 2025 U. S. App. LEXIS 486 (Fed. Cir., Jan. 10, 2025), the U. S.
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Dec 3, 2024 | 
ipwatchdog.com | Eileen McDermott |Gene Quinn |Roy H. Wepner |Steve Brachmann
Support IPWatchdog with an individual sponsorship: Click here “The USPTO should not be weaponized against the biopharmaceutical industry.” – Sherry KnowlesThe U.S. Patent and Trademark Office (USPTO) today officially withdrew its controversial proposed rule on terminal disclaimer practice.
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Oct 31, 2024 | 
law360.com | Roy H. Wepner
By Roy Wepner ( October 31, 2024, 4:50 PM EDT) -- On Oct. 8, the U.S. Court of Appeals for the Federal Circuit issued a unanimous precedential opinion in a patent infringement case entitled AlexSam Inc. v. Aetna Inc.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
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Aug 19, 2024 | 
ipwatchdog.com | Roy H. Wepner |Steve Brachmann |Eileen McDermott
“Taken together, there is no rhyme or reason to the Federal Circuit’s strict construction of ‘obtain’ in the patent context and its loosey-goosey approach in the trademark realm.”On July 26, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Softview LLC v. Apple Inc., Nos. 2023-1005, -1007. In that decision, the court construed an estoppel provision in a U.S. Patent and Trademark Office (USPTO) regulation promulgated under the America Invents Act (AIA).
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Jul 10, 2024 | 
law360.com | Roy H. Wepner
By Roy Wepner (July 10, 2024, 2:07 PM EDT) -- In this Expert Analysis series, attorneys discuss how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond. If you have a hobby you would like to write about, email [email protected].... Law360 is on it, so you are, too.
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Jun 4, 2024 | 
ipwatchdog.com | Eileen McDermott |Steve Brachmann |Renee C. Quinn |Roy H. Wepner
“[F]ollowing an effective withdrawal of an application, as in the present case, it remains a matter for the relevant national trade mark authorities to decide on the protectability of the converted mark.” – EUIPO Fourth Board of AppealThe International Trademark Association (INTA) filed an amicus brief on June 1 with the European Union Intellectual Property Office (EUIPO) Grand Board of Appeal supporting the Fourth Board of Appeal’s 2022 approach to conversion of EU Trade Marks (EUTMs).
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Jun 3, 2024 | 
ipwatchdog.com | Renee C. Quinn |Roy H. Wepner |Alec Pronk |Giovanni Franzese
“What if it’s really a fork in the road AND a collision course? Because that’s where I think we’re at. That’s where I think we’re headed. We all know the story about the demise of the patent system and if only that story were greatly exaggerated. But it’s not. “On Thursday, May 23, Gene and I attended the Eagle Forum Annual Briefing and Dinner, an event hosted by conservative public policy and grassroots organization Eagle Forum Education & Legal Defense Fund.
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Jun 3, 2024 | 
ipwatchdog.com | Eileen McDermott |Renee C. Quinn |Roy H. Wepner |Alec Pronk
“If the standard for admissibility is raised too high, then the trial judge no longer acts as a gatekeeper but assumes the role of the jury.” – CAFCThe U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday, June 3, issued a precedential decision affirming a district court’s orders in favor of EcoFactor, Inc. against Google, whose appeal in part asked for a new trial on damages due to prejudicial error. Judge Prost dissented-in-part.
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Jun 2, 2024 | 
ipwatchdog.com | Roy H. Wepner
“It is difficult to avoid the conclusion that the majority in Dragon created a bright line rule: if you file for IPR, either before or after you are sued for infringement, the proceeding is deemed voluntary, and you will not recover fees expended in that proceeding.”]/ipw_quote]In Dragon Intellectual Property LLC v. Dish Network LLC, – (Fed. Cir., May 20, 2024), a divided panel of the U. S.
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May 7, 2024 | 
ipwatchdog.com | Roy H. Wepner
“The Snaprays decision and the two cases it cited touch on several areas of intellectual property, and they bear the imprimatur of a Supreme Court justice.
