Document(s) published by this organization: 34
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|AIA Trial Statistics Show Recent Decrease in Likelihood of IPR Trial Institution|
John M. Bird; Sughrue Mion, PLLC;
August 19, 2014, previously published on August 11, 2014 The USPTO America Invents Act (AIA) Trial statistics dated July 31, 2014, show a recent decrease in the percentage of trials instituted and a large increase in the number of IPR petitions.
|Claim Terms in an IPR Are Construed in a Broad But Reasonable Manner and Patent Owner Must Show Nexus Between Secondary Considerations of Non-Obviousness and Claimed Invention|
Andrew Ritter; Sughrue Mion PLLC;
August 6, 2014, previously published on July 25, 2014 In a recent inter partes review (IPR), the Patent and Trial Appeals Board (PTAB) found that only some of the grounds of unpatentability were sufficient to meet the “preponderance of the evidence standard” for determining claims unpatentable. In its decision, the PTAB held that...
|Federal Circuit Reverses District Court and Grants Motion to Stay|
John M. Bird; Sughrue Mion, PLLC;
July 31, 2014, previously published on July 11, 2014On July 10, 2014, in Virtualagility v. Salesforce.com Inc. et al., 2014-1232, a divided panel of the Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ denial of a motion to stay the district court case during a transitional Covered Business Method (CBM) Review....
|Any Port in a Storm: The Hatch-Waxman’s (Ever Expanding) Safe Harbor Provision|
Andrew P. Ritter; Sughrue Mion PLLC;
July 25, 2014, previously published on July 2014Thomas Jefferson, Benjamin Franklin, and the multitude of men and women who helped establish the United States were visionaries in many ways. One of the most important of which was to provide Congress with the power “to promote the Progress of Science and useful Arts, by securing for limited...
|Three ROY-G-BIV Corp. Patents Enter Inter-Partes Review, and Emerge Intact|
Sughrue Mion PLLC;
July 10, 2014, previously published on June 23, 2014The ABB, Inc. v. ROY-G-BIV Corp. series of Inter-Partes Review (IPR) proceedings are the first such proceedings where the Patent Trial and Appeal Board (PTAB) has held that all of the challenged claims are patentable. In the related IPR proceedings, cases IPR 2013-00036, IPR2013-00282,...
|The Patent Trial and Appeal Board Grants an Unopposed Motion to Amend in an Inter Partes Review|
Azy Sophia Kokabi; Sughrue Mion, PLLC;
July 4, 2014, previously published on June 10, 2014In International Flavors & Fragrances Inc. v. United States, Case 2013-00124 (Paper No. 12) the Board granted the first motion to amend by adding new substitute claims in an inter partes review. The Patent Owner only filed a Motion to Amend which was unopposed by the Petitioner.
|Supreme Court Raises the Bar for “Definiteness” in Nautilus v. Biosig Instruments|
Michael G. Raucci; Sughrue Mion, PLLC;
June 24, 2014, previously published on June 4, 2014On June 2, 2014, the Supreme Court set forth a new test for finding a patent clam indefinite under 35 U.S.C. § 112, second paragraph. The Court held that “a patent is invalid for indefiniteness if its claims, read in light of the specification delineating the patent, and the prosecution...
|Supreme Court: Computer Implementation of Claims Directed to Abstract Idea are Patent-Ineligible|
James A. Gromada; Sughrue Mion, PLLC;
June 24, 2014, previously published on June 19, 2014On June 19, 2014, in a tidy 17-page decision, Justice Thomas wrote for a unanimous Supreme Court in Alice Corporation v. CLS Bank that “claims [for exchanging obligations] at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer...
|US PTO Orders Cancellation of “Redskins” Trademark Registrations|
Gary D. Krugman; Sughrue Mion, PLLC;
June 24, 2014, previously published on June 18, 2014On June 18, 2014, The Trademark Trial and Appeal Board, the Administrative Court of the US PTO for trademark cases, granted a petition to cancel six trademark registrations which consist of, in whole or in part, the term REDSKINS for professional football related services. The petition was brought...
|Patent Claims Survive IPR in a Rare Success for Patent Owners|
David Collins; Sughrue Mion PLLC;
June 17, 2014, previously published on May 22, 2014In LKQ Corporation v. Clearlamp, LLC (IPR2013-00020, Paper 73), the Patent Trial and Appeal Board upheld the validity of 12 of 24 claims in U.S. Patent 7,297,364, a patent concerning a method for the refurbishing of lamp surfaces in a vehicle so as to remove surface wear and scratches. The result...