Year: 2020
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By Kevin E. Noonan — Recently, the Federal Circuit has taken up issues relating to infringement under the doctrine of equivalents (DOE) and a related doctrine, prosecution history estoppel (PHE), that limits the scope of equivalents that can be asserted under DOE. See, e.g., Pharma Tech Solutions, Inc. v. Lifescan, Inc.; Amgen Inc. v. Coherus…
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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 — The latest Federal Circuit decision on subject matter eligibility in the life sciences came down (by a divided court) in favor of eligibility, in Illumina, Inc. v. Ariosa Diagnostics, Inc. The claims at issue fell into the third "bucket" of eligibility, being neither diagnostic method claims (always ineligible at the…
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By Donald Zuhn — On Wednesday, 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 Donald Zuhn — On Wednesday, 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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March 19, 2020 – "Navigating the Coronavirus Pandemic: How Firms Are Aiding Clients and Running Their Own Operations" (Law.com) – 11:00 am to 12:00 pm (EDT) March 19, 2020 – "Linking an Invention to the Evidence: Strategic Considerations from Prosecution to Litigation" (Fitch Even) – 12:00 to 1:00 pm (EDT) April 27-28, 2020 – Paragraph…
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Law.com will be offering a webinar entitled "Navigating the Coronavirus Pandemic: How Firms Are Aiding Clients and Running Their Own Operations" on March 19, 2020 from 11:00 am to 12:00 pm (EDT). Gina Passarella of Global Legal Brands, Patrick Fuller of Legal Intelligence, Heather Nevitt of GLL, and Richard Caruso Legal Media will detail explore…
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By Donald Zuhn — Last month, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit vacated a decision by the U.S. District Court for the Southern District of New York granting summary judgment of non-infringement to Defendant-Cross-Appellant Casper Sleep Inc. and remanded with instructions to enforce a settlement agreement between Casper and…
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By Donald Zuhn — Last week, the U.S. Patent and Trademark Office issued a notice in the Federal Register (85 Fed. Reg. 12222), in which the Office clarified its practice with respect to those situations where the Office will require additional information about whether a delay in seeking the revival of an abandoned application, acceptance…
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March 11, 2020 – Patent Litigation Seminar (New Jersey Intellectual Property Law Association) – 12:00 to 5:30 pm, Iselin, NJ March 11, 2020 – "Navigating USPTO Pilot Programs" (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) March 12, 2020 – "Opposition Practice at the EPO" (J A Kemp) – 15:30…
Patent Docs 