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- Solicitor General Proves Persuasive; Supreme Court Grants Hikma’s Certiorari Petition
- CNIPA Implements Inventor ID Requirement
- Ethanol Boosting Systems, LLC v. Ford Motor Co. (Fed. Cir. 2025)
- Judge Newman’s Petition for Rehearing En Banc Denied
- USPTO Announces Issuance of One Millionth Electronic Patent
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Month: December 2018
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By Michael Borella — One final 35 U.S.C. § 101 case inched across the finish line at the end of 2018. And while this one is not particularly remarkable substantively, its concurrence from an opinionated judge may give it an unwelcome shelf life. Background Applicant Marco Guldenaar Holding B.V. filed U.S. Patent Application No. 13/078,196. During…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "International Post Grant Practice: Strategic Considerations Before the USPTO, EPO and CNIPA" on January 3, 2019 from 12:00 to 1:00 pm (ET). Stephen Bauer of Medtronic, James Denness of Abel & Imray, and Toby Mak of Tee & Howe Intellectual Property Attorneys will…
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January 3, 2019 – "International Post Grant Practice: Strategic Considerations Before the USPTO, EPO and CNIPA" (Intellectual Property Owners Association) – 12:00 to 1:00 pm (ET) January 8, 2019 – "New EU Guidelines for Patenting AI and Machine Learning Technologies: Comparison With U.S. Approach — Navigating EPO and USPTO Rules to Maximize Patent Protection" (Strafford)…
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By Kevin E. Noonan — U.S. District Court Judge Susan Illston stuck again on Christmas Eve, giving the biotech patent community a rhetorical lump of coal in their stocking by invalidating on summary judgment claims directed to methods for isolating cell-free fetal DNA from maternal DNA on the grounds that they are not patent-eligible under…
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By Donald Zuhn — Earlier this month, in Gensetix, Inc. v. Baylor College of Medicine, District Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas issued an Order granting a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Involuntary Plaintiff The Board of Regents of…
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The authors and contributors of Patent Docs wish their readers and families a Happy Holidays. Publication of Patent Docs will resume on December 26th.
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By Donald Zuhn — Practitioners who have been putting off migrating their current PKI digital certificates to their USPTO.gov accounts or sponsoring support staff received an early holiday gift from the U.S. Patent and Trademark Office on Friday (in addition to the Office's designation of Christmas Eve as a "Federal holiday within the District of…
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By Donald Zuhn — As reported by numerous media outlets (see "Partial government shutdown likely to continue until after Christmas"), the U.S. Senate adjourned this afternoon without coming to an agreement on a continuing resolution to fund the United States Government. The government shutdown is the third shutdown of the federal government this year. While…
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By Kevin E. Noonan — The plague, that variety of human ailments caused by the Yersinia pestis bacteria, is mythic in human history, a nightmare disease carried by fleas infesting rats, a species that is omnipresent in human civilizations. Its spread in earlier times was a nascent harbinger of the much more global spread of…
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By Kevin E. Noonan — The Supreme Court changed the calculus on what conduct satisfies the "exceptional case" criteria for awarding attorney's fees under 35 U.S.C. § 285 in its Octane Fitness, LLC v. ICON Health & Fitness Inc. and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc. decisions. Under this clarifying precedent, the standard for finding…
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