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Columns & Departments

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IP News

Jeff Ginsberg & David Cooperberg

Federal Circuit Affirms Non-Infringement Decision Based on Prosecution Disclaimer<br>Federal Circuit Decisions Offer Guidance on Award of Attorney Fees under Section 285

Features

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision Image

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision

Robin L. McGrath

The Supreme Court's decision in <i>Impression Products v. Lexmark</i> is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.

Features

Transactions Triggering the 35 USC §102 On-Sale Bar Image

Transactions Triggering the 35 USC §102 On-Sale Bar

Pinar Bailey

Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.

Features

Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation Image

Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation

Christopher Gaspar & Sean Hyberg

Although <i>TC Heartland LLC v. Kraft Foods</i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.

Columns & Departments

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IP News

Howard J. Shire & Michael Block

PTAB Did Not Deny Procedural Due Process By Adopting a Claim Construction not Offered by the Parties During IPR<br>USPTO Did Not Exceed Authority in Granting Inter Partes Reexamination after Requester Sought to Have It Denied

Features

USPTO Continues to Demand Attorneys' Fees for District Court Appeals Image

USPTO Continues to Demand Attorneys' Fees for District Court Appeals

Judith L. Grubner

Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.

Features

What 'Originalist' Viewpoints May Mean for Patent Law Image

What 'Originalist' Viewpoints May Mean for Patent Law

Gerald B. Halt Jr. & Bradley M. Brown

The landscape for patent law has changed more quickly over the last five years than it had in preceding decades. Recent cases have profoundly changed the way courts and the USPTO treat patents and patent applications. The U.S. Supreme Court will have ample opportunity, if it chooses, to revisit the issues that have been raised by these cases over the next few terms.

Columns & Departments

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IP News

Jeff Ginsberg, Hui Li & Zhiqiang Liu

District Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit<br>Federal Circuit Affirms PTAB's Unpatentability Findings Made In an IPR Proceeding Despite Prior Judicial Opinions Upholding Validity

Features

Supreme Court May Preserve EDTX Grip on Patent Cases Image

Supreme Court May Preserve EDTX Grip on Patent Cases

Tony Mauro

The U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.

Features

Supreme Court Ends Laches Defense in Patent Cases Image

Supreme Court Ends Laches Defense in Patent Cases

Scott Graham

<b><i>SCA Hygiene Products v. First Quality Baby Products</i></b><p>The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.

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