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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 5 of our IPR-PGR Quarterly Report.  As you can see in this issue, we have compared IPR data from the 18 month anniversary

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Patent Prosecution

Written description for functional limitations in view of Alcon Research Ltd. v. Barr Labs.

Written description for functional limitations in view of Alcon Research Ltd. v. Barr Labs.

By • on March 31, 2014

Alcon owns US 5,631,287 (‘287), of which Claim 1 recites “[a] method of enhancing the chemical stability of an aqueous composition comprising a therapeutically-effective

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Harness Dickey Successfully Defends Another Patent in Inter Partes Review

Harness Dickey Successfully Defends Another Patent in Inter Partes Review

By • on March 31, 2014

The news has been dreary, to date, for Patent Owners in Inter Partes Review proceedings.  In view of that environment, we are proud to announce that Harness

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BioPharma Patents Quick Tips & News

BioPharma Patents Quick Tips & News

By • on March 18, 2014

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Featured

Mayo, Myriad, and Multi-factor balancing tests

Mayo, Myriad, and Multi-factor balancing tests

By • on March 6, 2014

Updated subject matter eligibility guidance from the USPTO On the same day that the Supreme Court’s opinion was handed down in Assoc. for Mol. Pathology

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First Claims Survive Inter Partes Review Proceedings

First Claims Survive Inter Partes Review Proceedings

By • on February 26, 2014

Patent Owners finally received some good news after a string of pro-Petitioner rulings by the PTAB that saw all challenged claims wiped out in the first

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In re Giannelli – The “Adapted To” Tide Is Shifting

In re Giannelli – The “Adapted To” Tide Is Shifting

By • on February 19, 2014

Since the early 1990s, patent practice has gradually migrated away from the use of means-plus-function language[1] in patent claims due to case law that

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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

More PTAB Motion to Amend Guidance in Inter Partes Reviews

In view of the continued denial of Motions to Amend in inter partes review practice (no motions have been granted to date), it is worth noting a

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Four More IPR Final Written Decisions Go Against Patent Owners

On Monday, March 10th, the PTAB issued four additional Final Written Decisions, each of which resulting in total victory for the Petitioner.  The first three were all related - Micron Tech., Inc. v.

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Trio of Final Written Decisions Go Against Patent Owner

Early results of Inter Partes Review proceedings continue to favor Petitioners as all challenged claims in a threesome of Columbia University patents have been cancelled by the PTAB in Illumina, Inc.

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Means Plus Function Treatment Does not Apply Where Claim Element Conveys Known Structure to the Skilled Person

The Federal Circuit in Enocean GmbH v. Face International Corporation No. 2012-1645 (Fed. Cir. Jan. 31, 2014) reviewed claims which were found by the U.S. Patent and Trademark Office, Board of Patent Appeals

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