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HTMLPTAB's Definition of CBM Patent is Wrong and Too Broad, Federal Circuit Says
Ping Hu, William A. Meunier; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 8, 2016, previously published on November 23, 2016
The America Invents Act ("AIA") mandates that a Covered Business Method Review is available only for challenging the validity of covered business method patents. On November 21, 2016, the Federal Circuit ruled in Unwired Planet v. Google that the Patent Trial and Appeal Board (PTAB) had...

 

HTMLFederal Circuit Corrects the Board’s “Too Exacting” Diligence Standard
Vincent Marc Ferraro, Brad Michael Scheller; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 21, 2016
On November 15, 2016, a split panel of the Federal Circuit, consisting of Judges Moore and O’Malley, ruled that the antedating standard demanded by the Patent Trial and Appeal Board, requiring a “continuous exercise of reasonable diligence,” was too exacting and in conflict with...

 

HTMLIntellectual Ventures Petitions Federal Circuit for Full Court Review
Sandra J. Badin, Matthew A. Karambelas, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 21, 2016
Last week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents - the ‘050 and the ‘610 - are directed to filtering email or file content. (IV...

 

HTMLBusiness Best Practices for Monitoring and Protecting Intellectual Property
John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 21, 2016
Intellectual property (“IP”) rights can be the cornerstone of a business's value and competitive edge. IP rights are generally grouped into four categories: trademarks, copyrights, patents, and trade secrets.

 

HTMLDistrict Court Finds General Description of Trade Secret Sufficient to Satisfy Pleading Standard under Defend Trade Secrets Act
Nicholas W. Armington, Bret A. Cohen, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 16, 2016
An important question for any plaintiff alleging trade secret misappropriation is: “How much detail should I provide about the stolen trade secrets in the complaint?” Answering this question often requires the balancing of two important considerations. On the one hand, plaintiffs...

 

HTMLFailure to Let Patent Owner Address Unpatentability Arguments Relied on by the Board Violates Administrative Procedures
Vincent Marc Ferraro, Brad Michael Scheller; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 15, 2016
The Federal Circuit has ruled that the Patent Trial and Appeal Board cannot deny Patent Owner an opportunity to address portions of a prior art reference first discussed in Petitioner’s Reply, and then rely on those same portions to hold the claims unpatentable.

 

HTMLThe USPTO’s Latest Memo on Subject Matter Eligibility Provides Hope For Modern Innovators
Robert Timothy Stuart Latta, Michael David Van Loy; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 8, 2016
On November 2, 2016 the United States Patent and Trademark Office (USPTO) issued a memo to Examiners on its stance on subject matter eligibility in response to the McRO and BASCOM Federal Circuit decisions, previously discussed at Global IP Matters. The USPTO will be updating its subject matter...

 

HTMLJawbone Fails to Prove Trade Secret Misappropriation by Fitbit at the ITC
Nicholas W. Armington, Bret A. Cohen, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 16, 2016
Trade secret theft is a growing threat to American businesses. One obstacle to addressing misappropriation through a lawsuit can be a lack of direct evidence of theft. For example, if an employee leaves his company to work for a competitor and, some months later, the competitor comes out with a...

 

HTMLAn Ombudsman in Shining Armor: Spotlight on the USPTO Patents Ombudsman Program
Christina Sperry, Lily Zhang; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 11, 2016
The United States Patent and Trademark Office (“USPTO”) introduced the Ombudsman Program on April 6, 2010 with the ostensible goal of advancing patent applications that have stalled during the examination process. Since its inaugural year, which saw a mere 268 inquiries, the Ombudsman...

 

HTMLMichigan State University Confirms Data Breach of Server Containing 400k Records
James J. Giszczak, Sherri A. Krause, Dominic A. Paluzzi; McDonald Hopkins LLC;
Legal Alert/Article
November 29, 2016, previously published on November 21, 2016
Michigan State University announced last Friday, November 18, that on November 13 unauthorized users gained access to university computer and data systems containing about 400,000 records of sensitive personal information of current and former students and employees, including names, Social...

 


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