Articles

Helsinn’s Law of Unintended Consequences: Avoiding Loss of Patent Rights in the Post-AIA Era

This article first appeared in the July 31, 2019 edition of the Legal Intelligencer. Written by: Glenn E. J. Murphy The law of unintended consequences pushes us ceaselessly through the years, permitting no pause for perspective.  – Richard Schickel Lawmakers who interfere with commerce and the normal creation of jobs in an economy run the […]

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The EPO and the Rule of Law

Written by: Friedrich Scheele Like other large towns in the world, Munich is surrounded by a number of smaller cities or villages, known as the Munich Area, offering living in the beautiful countryside of Oberbayern and working in the urban area of Munich or vice versa. One of the nicest locations is the municipality of […]

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Continental Makes a Big Splash in the Connected Car Patent Pool over OEM-Only Licensing Practices

Written by: Brett J. Rosen In a bombshell 63-page complaint filed in the Northern District of California this month, Continental Automotive Systems (Continental) alleged that Avanci, Nokia and others operating patent pools in the connected car space refused to offer fair, reasonable, and non-discriminatory (FRAND) licenses to automotive component and system suppliers. Here is a link […]

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Practical Pointers for Computer-Implemented Functions under Section 112

Written by: Sunjeev S. Sikand This article first appeared in the May 29, 2019 edition of the Legal Intelligencer. On Jan. 7, 2019, the Patent Office issued further guidance on the application of 35 U.S.C. § 112 during examination of computer-implemented functional claim limitations (112 Guidance).  84 Fed. Reg. 57.  At the same time, the Patent […]

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Managing IP So the ‘First Sale’ Is Not the ‘Last Nail’

Written by: Rex A. Donnelly This article first appeared in the April 2, 2019 edition of the Legal Intelligencer.   Numerous opportunities and pitfalls lay in wait along the path to launching a new product. Integrating IP into the design process from an early stage is critical. Your company is excited to launch a new product—the […]

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Guidance Regarding a Standing Requirement for IPR Appeals in 2 Recent Pharma Cases

Written by: James Matthew Gould This article first appeared in the March 28, 2019 edition of the Legal Intelligencer – IP Supplement.  Thanks to recent decisions by the U.S. Court of Appeals for the Federal Circuit (CAFC), we have clarity that both requirements must be met to appeal an adverse final written decision issued during […]

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New EU Copyright Directive

Written by: Benjamin E. Leace & Friedrich Scheele Yesterday, the European Parliament made the first major change to copyright law in years by approving the Copyright Directive. The European Union member states have 24 months to incorporate and implement the Directive into their respective national laws. The final vote (348 in favor and 274 against) […]

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Patent Office’s Section 101 Guidance Makes a Big Splash While Section 112 Guidance Lies Dormant

Written by: Sunjeev S. Sikand Patent Act Section 101 is a historically controversial topic in the intellectual property world. Earlier this week, I posted about the large volume of public comment submissions to the Patent Office in response to the Revised Subject Matter Eligibility Guidance on Section 101. The Electronic Frontier Foundation (EFF) has issued a “Call to Action” and argues that the Revised Subject […]

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Efforts to Invalidate Design Patents for Vehicle Body Parts Continue

Written by: Brett J. Rosen The process begins in an artist’s studio with black colored charcoal pencils and a stack of drafting sheets arranged on an easel.  Starting from an overall concept that exists only in one’s mind, the designer slowly and methodically draws lines on the paper forming a silhouette as the charcoal splinters […]

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Gambling Patents a Bad Bet at the Federal Circuit

Written by: Andrew J. Koopman This article first appeared in the January 31, 2019 edition of the Legal Intelligencer. Casino games haven’t changed too much since James Bond first took a seat at the Royale-les-Eaux casino in the early 1950s.  While Texas Hold ‘Em may have surpassed baccarat, the staples—blackjack, craps, roulette—have reigned supreme for decades.  […]

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