Knobbe/Martens: Intellectual Property Law

Legal Alert

Legal Alert
The Supreme Court Holds that Non-Public Sales May Trigger the On Sale Bar Under the America Invents Act Published
Tuesday, January 22, 2019
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On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith America Invents Act (“AIA”).  Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

Legal Alert
Clarity and Progress at the USPTO: The USPTO Publishes Revised Guidance on Patent Eligible Subject Matter Published
Monday, January 7, 2019
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On Monday, January 7, 2019, a revised guidance for subject matter eligibility (USPTO Section 101 Revised Guidance) will take effect at the USPTO. With the newly revised guidance, the USPTO aims to clarify and standardize the patent eligibility analysis under the Alice/Mayo framework. 

Legal Alert
Supreme Court Allows for Patent Damages Incurred Outside the United States Published
Tuesday, June 26, 2018
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The Supreme Court issued an important pro-patent-owner decision affecting multinational corporations.  In WesternGeco LLC v. ION Geophysical Corp., in a 7-2 decision, the Supreme Court held that a patentee may recover foreign lost profits from an infringer who violates 35 U.S.C. § 271(f)(2) by exporting from the United States a component especially adapted for use in a patented invention.  

Legal Alert
Supreme Court Issues Two Important Decisions Affecting Inter Partes Review Patent Challenges Published
Wednesday, April 25, 2018
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The Supreme Court has issued two important decisions affecting Inter Partes Review (“IPR”) and other post-grant patent challenges conducted by the Patent Trial and Appeal Board (“PTAB”).

Legal Alert
Three Statistics Every ANDA Filer Needs To Know About Orange Book Patent Trials At the USPTO Published
Tuesday, March 27, 2018
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On March 13, 2018 the United States Patent and Trademark Office (USPTO) released the results of its study on inter partes review (IPR) and post-grant review (PGR) proceedings involving Orange Book patents.

Legal Alert
GDPR: Ready for the EU’s New Data Privacy Law? What You Need to Know Published
Wednesday, January 10, 2018
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What is the GDPR?

Legal Alert
U.S. Supreme Court Says That Lines, Chevrons, and Colorful Shapes on Cheerleader Uniforms Are Copyrightable Published
Friday, March 24, 2017
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Summary

Legal Alert
U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits Published
Thursday, March 23, 2017
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Summary

Legal Alert
U.S. Supreme Court Overturns Apple's $400M Award Against Samsung Published
Wednesday, December 7, 2016
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A Unanimous U.S. Supreme Court Pulls Back the Reach of Damages Awards for Design Patents

Summary

Legal Alert
Federal Circuit Rules for The Medicines Company in Patent Litigation Published
Friday, July 15, 2016
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In an en banc decision on July 12, 2016 in The Medicines Co. v. Hospira, Inc., the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on sale” bar of 35 U.S.C. § 102(b).

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