Year: 2020
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By Kevin E. Noonan — Ever since the Supreme Court's decision in Dickinson v. Zurko, patent applicants (and with the advent of inter partes review proceedings before the Patent Trial and Appeal Board, patentees) have found it difficult to overcome Patent Office determinations of obviousness, due to the deference to factual issues the Zurko case…
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By Kevin E. Noonan — Patent law (and, consequently, patent lawyers) can be viewed as having at least a slightly tighter tether on concrete, factual reality than other areas of the law, at least to the extent that making patent-related legal arguments are more fact-specific. This can cause some interesting contrasts when addressing arguments to…
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By Kevin E. Noonan — In a decision containing not a small amount of whimsy (more regarding that aspect anon), Justice Kagan, joined almost unanimously by her brethren today upheld a State's (here, North Carolina) sovereign immunity against suit for copyright infringement, in Allen v. Cooper. The case (and the whimsy) arose over Petitioner Allen's…
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By Joshua Rich — It's often said that hard cases make bad law. And that is what had happened here: faced with an unreasonable number of potentially asserted claims in litigation, and a Plaintiff not required to identify which of those claims it would actually assert within the filing limit (one-year) between being served with…
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March 26, 2020 – "China and the Changing Global Patent System" (LexisNexis IP) – 1:00 pm (ET) April 27-28, 2020 – Paragraph IV Disputes Master Symposium (American Conference Institute) – New York, NY POSTPONED May 20-21, 2020 – Advanced Summit on Life Sciences Patents (American Conference Institute) – New York, NY POSTPONED
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LexisNexis IP will be offering a webinar on "China and the Changing Global Patent System" on March 26, 2020 at 1:00 pm (ET). Gene Quinn of IPWatchdog.com; Hon. Randall Rader, Chief Judge (ret.) of the United States Court of Appeals for the Federal Circuit; and Robert Sterne of Sterne Kessler will discuss whether Eastern preferences…
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The Naples Roundtable, a 501(c)(3) non-profit organization whose primary mission is to explore ways to improve and strengthen the U.S. patent system, will on Monday, March 23rd file a Request with the U.S. Patent and Trademark Office, to designate Ex parte Olson (Appeal 2017-006489), and Ex parte Fautz (Appeal 2019-000106) as precedential. Both were designated…
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By Donald Zuhn — Last week, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear." At the time of the announcement, the WHO noted that there were 118,000 cases reported globally in 114 countries. In…
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By Kevin E. Noonan — Mallinckrodt filed a certiorari petition with the Supreme Court last week, over the Federal Circuit panel decision (by Chief Judge Prost joined by Judge Dyk; Judge Newman dissented on the issue before the Court in this petition) affirming dismissal of a suit by Mallinckrodt's subsidiary, iNO Pharmaceuticals, in iNO Therapeutics…
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By Donald Zuhn — Last week, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear." At the time of the announcement, the WHO noted that there were 118,000 cases reported globally in 114 countries. In…
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