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Twenty-One Months of Inter Partes Review – By the Numbers

Twenty-One Months of Inter Partes Review – By the Numbers

By • on July 2, 2014

Welcome to Volume 6 of our IPR-PGR Quarterly Report.  This Report brings news of a large spike in Petition filings and some interesting

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Patent Prosecution

Board Allows Rare Motion for Additional Discovery

Board Allows Rare Motion for Additional Discovery

By • on July 8, 2014

In a relatively rare grant of a Motion For Additional Discovery, in

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An Unsuccessful Reach for the STELARA, Written description of generic biomolecule claims

An Unsuccessful Reach for the STELARA, Written description of generic biomolecule claims

By • on July 3, 2014

AbbVie owns US 6,914,128 (’128), which covers a variety of anti-IL12 monoclonal antibodies. AbbVie markets an anti-IL12 monoclonal (viz. Humira®) as

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PTAB Grants Rare Motion for Reconsideration

PTAB Grants Rare Motion for Reconsideration

By • on July 3, 2014

In PNY

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Featured

I have this idea to use a computer as an escrow agent, can I patent it?                   –Not this week: Alice v. CLS Bank

I have this idea to use a computer as an escrow agent, can I patent it? –Not this week: Alice v. CLS Bank

By • on June 19, 2014

Your Quick Take Away Did the Alice Corp patent survive? – No (few expected that it would) Are software patents dead? – No Can patent attorneys

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At Harness Dickey’s Urging, the Supreme Court Made it Easier to Get Attorney’s Fees in Patent Cases

At Harness Dickey’s Urging, the Supreme Court Made it Easier to Get Attorney’s Fees in Patent Cases

By • on May 2, 2014

Harness Dickey secured a landmark ruling for its client Octane Fitness, in a decision issued Tuesday by the United States Supreme Court that alters the

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18 Months of IPR – By the Numbers

18 Months of IPR – By the Numbers

By • on April 14, 2014

Welcome to Volume

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Licensing

PROTECTING INTELLECTUAL PROPERTY IN SUPPLIER DRAWINGS AND  SPECIFICATION SUBMISSIONS: “BLACK-BOXING”

PROTECTING INTELLECTUAL PROPERTY IN SUPPLIER DRAWINGS AND SPECIFICATION SUBMISSIONS: “BLACK-BOXING”

By • on March 26, 2012

          Automotive OEMs are highly reluctant, or frequently flatly refuse, to accept drawings or other technical information from component suppliers

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Perfecting Security Interests in Intellectual Property Is Not a Perfect Process

Perfecting Security Interests in Intellectual Property Is Not a Perfect Process

By • on November 7, 2009

By Robert J. Lenihan, II and Allen E. Pittoors In 1962, Michigan slightly revised, and then adopted, the Uniform Commercial Code (UCC).  The UCC governs

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Trademarks

USPTO Issues 239346 Trademark Registrations on 2011

USPTO Issues 239346 Trademark Registrations on 2011

By • on January 11, 2012

The USPTO issued 239346 trademark registrations in 2011. The most active trademark classes are Class 9 – scientific and electronic apparatus (24,590);

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TTAB: Prompt Filing of Supplemental Response Cures Procedural Deficiency in Expert Disclosures

TTAB: Prompt Filing of Supplemental Response Cures Procedural Deficiency in Expert Disclosures

By • on May 4, 2011

TTAB: Prompt Filing of Supplemental Response Cures Procedural Deficiency in Expert Disclosures The Trademark Trial and Appeal Board (“Board”) held

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Filing Separate Section 8 and Section 15 Declarations

Filing Separate Section 8 and Section 15 Declarations

By • on February 14, 2011

Trademark practitioners commonly submit Combined Section 8 & 15 Affidavits or Declarations for maintaining U.S. trademark registrations. However,

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HD Signals

Harness Dickey Stronger with Additional USPTO Location

Harness Dickey Stronger with Additional USPTO Location

By • on February 17, 2012

The United States Patent and Trademark Office (USPTO) recently announced that it intends to place six administrative patent judges with the Board of Patent

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ADAPTING TO PATENT REFORM

ADAPTING TO PATENT REFORM

By • on October 31, 2011

Patent “Reform” — the America Invents Act — which is being implemented over the next eighteen months, makes significant changes

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USPTO PROPOSES AMENDING RULE 1.56 TO DEFINE MATERIALITY IN ACCORDANCE WITH THERASENSE

USPTO PROPOSES AMENDING RULE 1.56 TO DEFINE MATERIALITY IN ACCORDANCE WITH THERASENSE

By • on July 26, 2011

On July 21, 2011 the USPTO published a notice of proposed rulemaking to amend Rule 56 (37 CFR §1.56) to define materiality in accordance with the Federal

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Litigation

Prove that You Are DIFFERIN Enough!

Prove that You Are DIFFERIN Enough!

By • on December 13, 2013

Galderma v. Tolmar & the Future of Selection Inventions In the recent case of Galderma Labs v. Tolmar Inc., the Federal Circuit announced an important

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Rocker Jett Wants To Give Hot Topic A Bad Reputation

Rocker Jett Wants To Give Hot Topic A Bad Reputation

By • on June 17, 2013

Joan Jett may love Rock N’ Roll, but Hot Topic…not so much. Jett’s record company, Blackheart Records Group, recently sued the retailer and its

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The Fed Circuit is applying Bowman Already?

The Fed Circuit is applying Bowman Already?

By • on June 17, 2013

Case-or-Controversy in light of Already LLC v. Nike and Bowman v. Monsanto   Although the ink on the Supreme Court’s decisions in Already LLC v. Nike

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More Great Intellectual Property Law Topics

Board Addresses Procedure for Making Board Aware of Supplemental Evidence

There has been, to date, much confusion surrounding the propriety and timing of filing “supplemental evidence” with the Board.  In

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Sur-Reply Authorized By Board in Response to New Expert Testimony in Petitioner Reply by Patent Owner

The PTAB has, to date, been very strict about the timeline of events in an inter partes review proceeding, as well as ensuring the proceedings are streamlined.  That’s what makes the Board’s decision

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Declaratory Testimony from File History is “Affidavit Testimony” Which Requires Deposition

Most declaration testimony in an inter partes review proceeding is newly developed as part of the IPR.  On occasion,

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Expert Declaration Not Allowed as Supplemental Information Related to Claim Constructions

Unhappy with the Board’s claim constructions, Patent Challenger in Rackspace

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