In: PATENT NEWS
The case hinged on whether patents are considered “public rights” or “private rights.” This distinction is important because, generally, “Congress [has] significant latitude to assign adjudication of public right to entities other than Article III courts.” Public rights cover matters “which arise between the …
In: PATENT NEWS
An American Intellectual Property Law Association (AIPLA) event, the dinner was one of 60 held on this date around the world. Knobbe’s dinner featured guest speaker Aimee Weisner, Corporate Vice President and General Counsel of Edwards Lifesciences. Keeping with the theme, Empowered Women …
In: PATENT NEWS
Repairing a patent protected product does not constitute a patent infringement if the patent proprietor’s rights regarding the repair works had been exhausted by putting the product to be repaired on the market. A repair is admissible if the repair measures are considered to be a proper use of the... Continue reading
In: PATENT NEWS
… product was independently patentable) may be subject to capital gains treatment even without a patent or patent application. Precision in describing the transferred right(s)—and maintaining consistency regarding that issue—is likely to be instrumental when attempting to obtain favorable tax treatment.
In: PATENT NEWS
SAN DIEGO, April 25, 2018 /PRNewswire/ — Fish & Richardson won a unanimous Federal Circuit opinion today that affirmed its June 2016 post-trial wipe-out of a $200 million jury verdict against client Gilead Sciences, Inc. after proving Merck had forfeited its right to assert its hepatitis C drug patents …
In: PATENT NEWS
Villanova University Charles Widger School of Law law professor Michael Risch asked via tweet if this means patents issued before the America Invents Act are now vulnerable to a takings-based challenge. “That’s my view of how this case should have been argued all along,” he commented.
In: PATENT NEWS
Voter Verified countered that Election Systems was precluded from relitigating the invalidity of the claims of the ʼ449 patent under § 101 since the issue had already been decided in the first litigation. Once the district court decided that there was an intervening change in the law between the first... Continue reading
In: PATENT NEWS
Candor and honesty define the contours of the legal system. When a company allows and supports its own attorney to violate these principles, it shares the consequences of those actions. Here, Merck’s patent attorney, responsible for prosecuting the patents-in-suit, was dishonest and duplicitous in his …
In: PATENT NEWS
In his dissent, Justice Gorsuch explained that the history of the patent system and the prior case law required the finding that patents are private rights, and therefore must be adjudicated in Article III courts. We have previously explained the background of the Oil States case. Interestingly, this case was …
In: PATENT NEWS
The Supreme Court’s decision yesterday in Oil States Energy Services v. Greene’s Energy Group contained a clear articulation of the fundamental nature of intellectual property as a franchise granted by government rather than a natural right. This understanding of intellectual property likely will have …
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