Month: May 2020

  • By Kevin E. Noonan — Infringement under the doctrine of equivalents (as a basis of a successful cause of action having renewed vigor before the Federal Circuit recently (see, e.g., "Galderma Laboratories, L.P. v. Amneal Pharmaceuticals LLC") is most frequently rebutted by the doctrine of prosecution history estoppel ("Pharma Tech Solutions, Inc. v. Lifescan, Inc."). …

  • By Kevin E. Noonan — On April 29th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2020 Special 301 Report.  In a press release, the USTR stated that "[t]he Trump Administration is committed to holding intellectual property rights violators accountable and to ensuring that American innovators and creators have a full and fair opportunity…

  • May 12, 2020 – "Mental Health & Well-Being During A Time of Crisis" (Intellectual Property Owners Association) – 2:00 to 3:00 pm (ET) May 12, 2020 – "Coordinating litigation and prosecution in complex patent disputes" (Potter Clarkson and iam) – 11:00 am to 12:00 pm (EDT) May 13, 2020 – "Primed for AI – the…

  • The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Mental Health & Well-Being During A Time of Crisis" as part of the IPO's COVID-19 Webinar Series on May 12, 2020, from 2:00 to 3:00 pm (ET).  Dahlia George of the USPTO's Office of Enrollment and Discipline and Mercedes K. Meyer of Faegre…

  • IPBC Talking Heads and iam will be offering a free webinar entitled "How in-house IP leaders are managing during the covid-19 pandemic" on May 13, 2020 from 11:00 am to 12:00 pm (EDT).  The webinar will explore the solutions they are coming up with, how these may affect the way in which their teams work…

  • Potter Clarkson and iam will be offering a free webinar entitled "Coordinating litigation and prosecution in complex patent disputes" on May 12, 2020 from 11:00 am to 12:00 pm (EDT).  The webinar will analyse the sometimes complex interrelationships between developing multi-patent portfolios and asserting/defending them in national courts in multiple jurisdictions, and how companies and…

  • The Federal Circuit Bar Association (FCBA) will be offering a remote program entitled "Perspectives on the Federal Circuit's Modified Procedures During the COVID-19 Crisis" on May 14, 2020 from 11:00 am to 12:00 pm (EST).  Lucas Townsend of Gibson, Dunn & Crutcher LLP will moderate a panel consisting of Peter Marksteiner, Circuit Executive and Clerk…

  • Bereskin & Parr will be offering a presentation entitled "Primed for AI – the basics of artificial intelligence and machine learning" on May 13, 2020 from 12:00 to 1:00 pm (EDT).  Paul Horbal and Paul Blizzard of Bereskin & Parr will discuss the fundamentals of artificial intelligence (AI) and machine learning (ML) technologies using only…

  • By Kevin E. Noonan — Last week, the Federal Circuit "grappled," as the opinion put it, with the equitable doctrine of assignor estoppel in Hologic, Inc. v. Minerva Surgical, Inc. The case arose in an infringement suit over U.S. Patent Nos. 6,782,183 and 9,095,348.  The patents were directed to "procedures and devices for endometrial ablation." …

  • By Michael Borella — Uniloc, owner of U.S. Patent No. 6,993,049, brought an action for infringement of that patent against LG in the Northern District of California.  The District Court granted LG's motion to dismiss on the pleadings, agreeing with LG that the claims were directed to patent-ineligible subject matter under 35 U.S.C. § 101. …