<i>TriVascular, Inc. v. Samuels</i>
February 29, 2016
On Feb. 5, 2016, in <i>TriVascular, Inc. v. Samuels, </i> the United States Court of Appeals for the Federal Circuit affirmed the written decision of the PTABin an <i>Inter Partes</i> Review. In particular, the court affirmed the Board's conclusion that the '575 patent was not invalid as being obvious over the prior art of record despite the Board's initial institution of the IPR based on obviousness grounds.
Fed. Circuit: Consultant's Pre-Agreement Work Falls Outside Assignment Provision
February 29, 2016
On Feb. 5, 2016, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a unanimous decision in <i>TriReme Med., LLC. v. AngioScore, Inc.,</i> holding that AngioScore's consulting agreement had failed to assign inventive contributions made by a consultant before the effective date of the agreement. The decision highlights the need for attentive drafting of agreements with new employees and contractors, especially if they may have engaged in relevant inventive activity before the start of the employment or contractor relationship.
Into the Dark: Patent Trend Post America Invents Act and <i>Alice</i>
January 31, 2016
Ah, the good old days. When the America Invents Act was being pushed through Congress in 2011, proponents of the proposed changes expounded on the virtues of a system that mirrored the patent practices of the majority of the industrialized world. But the unforeseen consequences of both the AIA and the seminal 2014 Supreme Court decision in <i>Alice v. CLS Bank</i> have created a hostile environment for patent portfolios, which has negative implications for investment in innovation and startups.
Federal Circuit's Opinion In <i>In re Tam</i>
January 31, 2016
Among the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals' and groups' rights to express themselves.
Federal Circuit Affirms PTAB Ruling on Filing Of Supplemental Information
January 31, 2016
The Federal Circuit continued its largely deferential treatment of PTAB procedural rulings in <i>Redline Detection, LLC v. Star Envirotech, Inc.,</i> upholding the PTAB's denial of Petitioner Redline's motion to submit supplemental evidence under 37 C.F.R. '42.123(a), within a one-month window from institution of an <i>inter partes</i> review (IPR).
IP News
January 31, 2016
Federal Circuit: Even If Experts on Both Sides Agreed on an Altered Claim Construction During Trial, Relying on That More Detailed Claim Interpretation During JMOL Is an Impermissible Reconstruction<br>Federal Circuit: USPTO Decision to Initiate CBM Review Not Reviewable By Federal Circuit, But Decision To Qualify a Patent As a CBM Patent Is
111010001: An Article of Commerce?
December 31, 2015
In <i>ClearCorrect Operating, LLC v. ITC,</i> the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.
IP News
December 31, 2015
Federal Circuit Vacates PTAB Decision On Obviousness <br>Federal Circuit: <i>Inter Partes</i> Review System Is Constitutional<br>Federal Circuit Affirms PTAB Decision Finding Negative Claim Limitation Satisfies 35 U.S.C. '112
Marijuana and Bankruptcy? Not Really
December 31, 2015
Like many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.
