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USPTO IMPROPERLY ENGAGED IN CLAIM CONSTRUCTION DURING OBVIOUSNESS ANALYSIS* *
Sigray, Inc. v. Carl Zeiss Microscopy, Inc., 23-2211
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May 23, 2025 |
IPO Federal Circuit Summaries |
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LEXMARK FRAMEWORK APPLIES TO COMMERCIAL BASES OF OPPOSITION UNDER 15 U.S.C. § 1063*
Curtain v. United Trademark Holdings, Inc., 23-2140
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May 22, 2025 |
IPO Federal Circuit Summaries |
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DOCTRINE OF FOREIGN EQUIVALENTS WHERE APPELLANT FAILED TO SHOW MARK WAS UNLIKELY TO BE TRANSLATED BY CONSUMERS* *
In re Vetements Grp. AG, 23-2050, 23-2051
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May 21, 2025 |
IPO Federal Circuit Summaries |
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EXPERT TESTIMONY ON REASONABLE ROYALTY RATE WAS INADMISSIBLE UNDER FRE 702 AND DAUBERT* * *
Ecofactor, Inc. v. Google LLC, 23-1101
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May 21, 2025 |
IPO Federal Circuit Summaries |
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USPTO FAILED TO CONSIDER ROUTINE SKILLS AND TECHNIQUES IN CONCEPTION ANALYSIS* *
Regents of U.C. v. Broad Inst., Inc., 22-1594, 22-1653
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May 12, 2025 |
IPO Federal Circuit Summaries |
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PRELIMINARY INJUNCTION WAS IMPROPER WHEN COMPETITIVE HEAD START WAS INEVITABLE* *
Incyte Corp. v. Sun Pharma. Indus., Ltd., 25-1162
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May 07, 2025 |
IPO Federal Circuit Summaries |
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PLANS TO DEVELOP DRUG WERE TOO SPECULATIVE TO CONFER STANDING*
Incyte Corp. v. Sun Pharma. Indus. Inc., 23-1300
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May 07, 2025 |
IPO Federal Circuit Summaries |
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USPTO MAY CONSIDER EVIDENCE AS OF THE TIME OF EXAMINATION IN DETERMINING REGISTRATION UNDER LANHAM ACT § 2(A)*
In re Foster, 23-1527
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May 07, 2025 |
IPO Federal Circuit Summaries |
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IPR ESTOPPEL DOES NOT APPLY TO EVIDENCE THE INVENTION WAS KNOWN OR USED BY OTHERS, ON SALE, OR IN PUBLIC USE* *
Ingenico Inc. v. IOENGINE LLC, 23-1367
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May 07, 2025 |
IPO Federal Circuit Summaries |
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FINTIV DIGITAL WALLET CLAIMED MEANS-PLUS-FUNCTION TERMS SUBJECT TO 35 U.S.C. § 112 ¶ 6 * *
Fintiv Inc. v. PayPal Holdings Inc., 23-2312
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April 30, 2025 |
IPO Federal Circuit Summaries |
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IPO Request to Testify and Hearing Statement re: World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
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April 29, 2025 |
Testimony and Comments |
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FEDERAL CIRCUIT ADOPTS MILWAUKEE TEST FOR GENERICNESS * *
In re: PT Medisafe Techs., 23-1573
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April 29, 2025 |
IPO Federal Circuit Summaries |
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Resolution Stating That Trademark Licensors Have All Rights of Their Licensees
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April 23, 2025 |
Board Resolutions |
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USPTO INCORRECTLY INTERPRETED “IN COMBINATION” RULE UNDER 35 U.S.C. § 311(B) * *
Qualcomm Inc. v. Apple Inc., 23-1208, 23-1209
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April 23, 2025 |
IPO Federal Circuit Summaries |
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IPO Comments to Indian Patent Office on Draft Guidelines for Examination of Computer-Related Inventions
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April 15, 2025 |
Testimony and Comments |
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IPOwners Quarterly™ 4/16/2025
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April 15, 2025 |
IPOwners Quarterly |
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DISTRICT COURT DID NOT ERR IN DETERMINING THAT PHOSITA WOULD HAVE HAD KNOWLEDGE OF U.S. AND UK REGULATORY REQUIREMENTS * *
Sage Prods., LLC v. Stewart
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April 15, 2025 |
IPO Federal Circuit Summaries |
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2024 Corporate IP Practice Survey
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April 14, 2025 |
IPO Law Journal |
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PARALLEL LITIGATION COULD NOT BE CONSIDERED IN TRANSFER ANALYSIS *
In re SAP America, Inc., 25-118
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April 10, 2025 |
IPO Federal Circuit Summaries |
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USPTO MAY BE ABLE TO RECONSIDER TRADEMARK REGISTRABILITY AFTER FAILED OPPOSITION * *
Heritage Alliance, AFA Action Inc. v. Am. Policy Roundtable, 24-1155
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April 09, 2025 |
IPO Federal Circuit Summaries |
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APPLICATION’S PROSECUTION HISTORY DID NOT AFFECT CLAIMS OF RELATED PARALLEL APPLICATION * *
Azurity Pharms. Inc. v. Alkem Labs. Ltd., 23-1977
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April 08, 2025 |
IPO Federal Circuit Summaries |
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TRADE SECRET WAS PROPERLY ACCESSIBLE WHEN DEFENDANT COULD HAVE DISCOVERED IT * *
ams-OSRAM USA Inc. v. Renesas Elecs. Am. Inc., 22-2185, 22-2186
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April 04, 2025 |
IPO Federal Circuit Summaries |
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PROVISIONAL RIGHTS CANNOT BE GRANTED TO PATENTS ISSUED BEYOND EXPIRATION DATE*
In re Forest, 23-1178
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April 03, 2025 |
IPO Federal Circuit Summaries |
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APPELLANT’S REQUEST FOR REMITTITUR WAS NOT FORFEITED IN CONTEXT OF TRIAL *
Wash World Inc. v. Belanger Inc., 23-1841
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March 24, 2025 |
IPO Federal Circuit Summaries |
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*PROVISIONAL APPLICATION MUST SUPPORT SUBJECT MATTER CITED AS PRIOR ART TO CLAIM PROVISIONAL PRIORITY DATE *
In re Riggs, 22-1945
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March 24, 2025 |
IPO Federal Circuit Summaries |
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FEDERAL CIRCUIT DECLINES TO EXPAND PROSECUTION DISCLAIMER ANALYSIS *
Maquet Cardiovascular LLC v. Abiomed Inc., 23-2045
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March 21, 2025 |
IPO Federal Circuit Summaries |
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DOCTRINE OF NATURAL EXPANSION CANNOT BE USED TO ESTABLISH TRADEMARK PRIORITY *
Dollar Fin. Grp., Inc. v. Brittex Fin. Inc., 23-1375
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March 19, 2025 |
IPO Federal Circuit Summaries |
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FAILURE TO TIMELY FILE UNDER 37 C.F.R. § 90.2(A)(3)(II) DID NOT AFFECT FEDERAL CIRCUIT’S JURISDICTION *
AMP Plus, Inc. v. DMF, Inc, 23-1997
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March 19, 2025 |
IPO Federal Circuit Summaries |
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IPO Comments to USPTO on WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge
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March 18, 2025 |
Testimony and Comments |
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SUA SPONTE SHOW CAUSE ORDER WAS WITHIN ITC’S DISCRETION *
Realtek Semiconductor Corp. v. Int’l Trade Comm., 23-1095
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March 18, 2025 |
IPO Federal Circuit Summaries |
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Harnessing the Power of AI in Patent Searching & Analysis
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March 17, 2025 |
IPO Law Journal |
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IPO Comments on “Artificial Intelligence Action Plan”
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March 14, 2025 |
Testimony and Comments |
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DISTRICT COURT WAS NOT BOUND BY PREVIOUS CLAIM CONSTRUCTION IN APPLYING BECTON * *
Regeneron Pharms, Inc. v. Mylan Pharms Inc., 24-2351
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March 14, 2025 |
IPO Federal Circuit Summaries |
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REISSUED PATENTS ENTITLED TO PTE BASED ON ORIGINAL PATENT’S ISSUE DATE* *
Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., 23-225
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March 13, 2025 |
IPO Federal Circuit Summaries |
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JEPSON CLAIM PREAMBLE REQUIRES A WRITTEN DESCRIPTION *
In re Xencor, Inc., 24-1870
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March 13, 2025 |
IPO Federal Circuit Summaries |
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MARKS MUST BE CONSIDERED GENERIC AT TIME OF REGISTRATION TO BE DENIED PROTECTION * *
Bullshine Distillery LLC v. Sazerac Brands, LLC, 23-1682, 23-1900
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March 12, 2025 |
IPO Federal Circuit Summaries |
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DISTRICT COURT CONCLUSION FAILED TO FOLLOW FROM THE PREMISE DESCRIBING CLAIM LANGUAGE* *
Sierra Wireless, ULC v. Sisvel S.P.A., 23-1059, 23-1085, 23-1089, 23-1125
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March 10, 2025 |
IPO Federal Circuit Summaries |
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NO SPECIFIC THREAT OF INFRINGEMENT OR IDENTIFICATION OF INFRINGING PRODUCT NEEDED TO SHOW INJURY-IN-FACT*
CQV Co., Ltd. v. Merck Patent GMBH, 23-1027
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March 10, 2025 |
IPO Federal Circuit Summaries |
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ALIVECOR FORFEITED DISCOVERY ARGUMENT ON APPEAL*
Alivecor, Inc. v. Apple, Inc., 23-1512, 23-1513, 23-1514
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March 07, 2025 |
IPO Federal Circuit Summaries |
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DISTRICT COURT CLAIM CONSTRUCTION IMPROPERLY IMPORTED LIMITATIONS INTO CLAIMS *
IQRIS Techs. LLC v. Point Blank Enters., Inc., 23-2062
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March 07, 2025 |
IPO Federal Circuit Summaries |
