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|Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime - Part I|
Cliff Z. Liu, Tianran Yan; Foley & Lardner LLP;
June 19, 2013, previously published on June 15, 2013The first-to-file provisions of the Leahy-Smith America Invents Act (AIA) took effect on March 16, 2013. The predominant view among patent practitioners is that applicants should in general keep their pre-AIA patent application under the first-in-invent regime to avail the benefit of the Hilmer...
|Patent Troll Targets: If You Have a Scanner, You May Be One|
Jonathan M. D'Silva; MacDonald, Illig, Jones & Britton LLP;
June 18, 2013The patent system is supposed to be a tool to provide inventors a way to benefit from their hard work and to gain some element of protection in the marketplace. Unfortunately, there are entities that take advantage of the letter of the law by buying ownership rights to patents in order to squeeze...
|The New Post Grant Review (PGR) and Inter Parte Review (IPR) Procedures under US Patent Law|
Jerry Huang, Michael Lu; Lee Tsai Partners Attorneys-at-Law;
June 17, 2013The New Post Grant Review (PGR) and Inter Parte Review (IPR) Procedures under US Patent Law
|Monsanto Avoids Declaratory Judgment Action Brought by Organic Farmers|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
June 14, 2013, previously published on June 13, 2013In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from asserting its patents against these farmers for inadvertent...
|NHTSA Issues Long Awaited Policy Statement on Driverless Car Technology|
Ryan S. Bewersdorf; Foley & Lardner LLP;
June 14, 2013, previously published on June 13, 2013On May 30, 2013, the National Highway Traffic Safety Administration (“NHTSA”) introduced its long awaited policy statement on driverless car technology. According to NHTSA, driverless car technology has “captured the nation’s attention.” Until today (other than a...
|SIGA Technologies, Inc. v. Pharmathene, Inc.: Delaware Supreme Court Reaffirms that Express Obligation to Negotiate Agreement in Good Faith Is Enforceable and Holds Expectation Damages Are Available as Remedy|
Sullivan Cromwell LLP;
June 14, 2013, previously published on June 12, 2013In an opinion issued on May 24, 2013, the Delaware Supreme Court reaffirmed that an express contractual obligation to negotiate an agreement in good faith is enforceable and held that expectation damages are available for breach of that obligation if the court is reasonably certain that the...
|Monsanto Averts Declaratory Judgement Suit|
Antoinette F. Konski; Foley & Lardner LLP;
June 14, 2013, previously published on June 13, 2013On June 10, 2013, the U.S. Court of Appeals for the Federal Circuit held that Monsanto’s representation that it would not pursue farmers and seed sellers for patent infringement if they inadvertently use Monsanto’s patented genetically modified seeds and plants is sufficient to deny a...
|New Cybersecurity Guidance Released by the National Institute of Standards and Technology: What You Need to Know for Your Business|
Cynthia J. Larose, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 13, 2013, previously published on June 10, 2013The National Institute of Standards and Technology (“NIST”) has released the fourth revision of its standard-setting computer security guide, Special Publication 800-53 titled Security and Privacy Controls for Federal Information Systems and Organizations (“SP 800-53 Revision...
|Federal Circuit Reverses In InterDigital Communications Appeal (2012-1628)|
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
June 13, 2013, previously published on June 11, 2013On June 7, 2013, the Federal Circuit issued its opinion in InterDigital Communications, LLC v. ITC (2012-1628). This was an appeal by InterDigital Communications, Inc., InterDigital Technology Corp., and IPR Licensing, Inc. (collectively, “InterDigital”) from an order of the...
|Supreme Court Affirms Liability of SIGA Technologies to Pharmathene Based on Failure to Negotiate in Good Faith|
Eckert Seamans Cherin Mellott LLC;
June 13, 2013, previously published on June 2013The Delaware Supreme Court recently ruled in the case of SIGA Technologies, Inc. v. PharmAthene, Inc., Del. Supr., No. 314, 2012 (May 24, 2013), that a mere agreement to negotiate in good faith in accordance with a term sheet can be an enforceable obligation. Delaware’s high court explained...