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HTMLLimelight v. Akamai: Illuminating Inducement of Patent Infringement
Jeffrey D. Hsi, Ralph A. Loren; Edwards Wildman Palmer LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
On June 2, the Supreme Court issued a decision regarding inducing infringement, Limelight Networks, Inc. v. Akamai Technologies, Inc., et al., (12-786). The Justices, reversing and remanding the widely split en banc decision from the Federal Circuit, held that one could not support a finding of...

 

HTMLU.S. Patent and Trademark Office Issues Guidance in View of Prometheus and Myriad
Daniel W. Clarke, Peter F. Corless, Christopher R. Cowles, Ralph A. Loren; Edwards Wildman Palmer LLP;
Legal Alert/Article
March 11, 2014, previously published on March 2014
On March 4, 2014, the United States Patent and Trademark Office (USPTO) issued a highly anticipated Guidance for Determining Subject Matter Eligibility of Claims Reciting or Involving Laws of Nature, Natural Phenomena & Natural Products (“Guidance”). The Guidance is promulgated for...

 

Adobe PDFFresenius v. Baxter International: Riding Cross-Currents of Collateral Estoppel in a New Age of Patent Challenges at the USPTO
Ralph A. Loren, Brian P. Murphy; Edwards Wildman Palmer LLP;
Legal Alert/Article
August 7, 2013, previously published on August 2013
On July 2, 2013, a divided Federal Circuit panel issued a remarkable decision. It vacated Baxter’s patent infringement judgment and an award of $14.3 million in pre-verdict damages that already had been reviewed and affirmed by the Federal Circuit. There was no en banc review or certiorari...

 

Adobe PDFFirst PTAB Decision Highlights Tension Between District Court and USPTO Litigation
Ralph A. Loren, Brian P. Murphy; Edwards Wildman Palmer LLP;
Legal Alert/Article
July 1, 2013, previously published on June 26, 2013
Patent owner Versata wins $391 million infringement judgment against SAP; PTAB then knocks out Versata patent claims in first Covered Business Method Post-Grant Review final decision.

 

HTMLSupreme Court Invalidates Claims to Isolated DNA, but Upholds Patent Eligibility of cDNA in Myriad
Daniel W. Clarke, Peter F. Corless, Ralph A. Loren, Brian P. Murphy; Edwards Wildman Palmer LLP;
Legal Alert/Article
June 17, 2013, previously published on June 2013
On June 13, 2013, the United States Supreme Court issued a highly anticipated decision in Association for Molecular Pathology v. Myriad Genetics, Inc. (“Myriad”) concerning the patent eligibility of human genes.

 

HTMLDelaware Chancery Court Rules that a Reverse Triangular Merger Does Not Trigger Consent Requirement Under Non-Assignment Provision
Stanley Keller, Ralph A. Loren, Gregory J. Ploussios, Matthew E. Reardon; Edwards Wildman Palmer LLP;
Legal Alert/Article
May 1, 2013, previously published on April 2013
A recent ruling by the Delaware Chancery Court holds that the reverse triangular merger structure avoids the consent requirements of non-assignment clauses in target contracts.

 

Adobe PDFNew First-Inventor-To-File Patent System Takes Effect in the United States on March 16, 2013
Brian Landry, Ralph A. Loren, Brian P. Murphy; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 15, 2013, previously published on February 2013
On March 16, 2013, the new firstinventor-to-file patent system under the America Invents Act (“AIA”) takes effect in the United States. Some have suggested that the change from a first-to-invent to a first-inventor-tofile system will cause a mad rush to file new applications in the...

 

HTMLMYRIAD II - Isolated DNA Claims Upheld
Kellie K. DiNapoli, Melissa Hunter-Ensor, Ralph A. Loren; Edwards Wildman Palmer LLP;
Legal Alert/Article
August 21, 2012, previously published on August 17, 2012
On August 16, 2012, a split panel of the U.S. Court of Appeals for the Federal Circuit issued its highly anticipated ruling in Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office (the “Myriad case”), effectively affirming their 2011 ruling. The Supreme Court had sent...

 

HTMLNew Post-Grant Review Procedures for Challenging Patent Validity Go into Effect September 16, 2012
Christine A. Dudzik, Ralph A. Loren, Brian P. Murphy; Edwards Wildman Palmer LLP;
Legal Alert/Article
July 20, 2012, previously published on July 2012
Beginning September 16, 2012, two new procedures under The America Invents Act (AIA) will be available to allow third party post-issuance challenges to a patent. The new procedures are called Post-Grant Review (PGR) and Inter Parties Review (IPR) and offer the opportunity to challenge the validity...

 

Adobe PDFObama Signs U.S. Patent Reform into Law
Christopher J. Capelli, Steven M. Jensen, Ralph A. Loren; Edwards Wildman Palmer LLP;
Legal Alert/Article
September 21, 2011, previously published on September 16, 2011
The United States Senate recently approved House Resolution 1249, known as the America Invents Act, which was subsequently signed into law by President Barack Obama on September 16, 2011. This Act provides many significant changes to U.S. patent law including transition to a first-inventor-to-file...

 


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