March 09, 2018

US Patent Forum 2018

Managing Intellectual Property March 13, 2018 The firm is sponsoring MIP’s US Patent Forum 2018 being held at the Convene in New York on March 13. Douglas Sharrott is moderating and Seth Boeshore is speaking on a panel entitled “International Trade Commission: effective or cumbersome.”

March 05, 2018

ITC Litigation and Enforcement

American Conference Institute March 5-6, 2018 Partner Michael Sandonato spoke at ACI’s ITC Litigation and Enforcement conference held at the Willard InterContinental in Washington, DC on March 5-6. He spoke on a panel entitled “Enforcement of Exclusion Orders in Real Life: How to Address the Practical, “On the Ground” Challenges Affecting Complainants and Respondents.”

February 21, 2018

Life Sciences Patents/Medical Device & MedTech Patents

American Conference Institute February 21-23, 2018 The firm sponsored ACI’s Life Sciences Patents and Medical Device & Medtech Patents conferences held at the InterContinental on February 21-23 in New York. Charlotte Jacobsen spoke on a panel entitled “IPR Investigation: Diving into IPR Dos and Don’ts and Jason Okun spoke on a panel entitled “Growing your Global Portfolio: Effectively Prosecuting and…

January 09, 2018

Fitzpatrick, Cella, Harper & Scinto Announces Two New Partners

Fitzpatrick Press Release January 9, 2018 New York, NY—January 2, 2018—Fitzpatrick, Cella, Harper & Scinto, one of the world’s leading intellectual property law firms, announced that, effective January 1, 2018, Christopher Gerson and Damien Dombrowski have been named partners of the firm. “We are thrilled to welcome Christopher and Damien as partners, as each works with such a wide variety…

January 08, 2018

Wi-Fi One, LLC v. Broadcom Corp.: En Banc Federal Circuit Holds That Time-Bar Determinations for Petitions for Inter Partes Review May Be Appealed

Fitzpatrick Case Update January 8, 2018 On January 8, 2018, the Court of Appeals for the Federal Circuit, sitting en banc, issued a majority opinion holding that a determination made by the PTO concerning whether a petition for inter partes review (IPR) is time-barred under 35 U.S.C. § 315(b) is subject to judicial review. Specifically, the Federal Circuit majority held…

January 01, 2018

A Jolt to Motion Practice in Inter Partes Review

Intellectual Property Magazine December 2017/January 2018 Upbraiding the Patent Trial and Appeal Board (PTAB) for deficiencies in its motion practice, the Court of Appeals for the Federal Circuit (CAFC) issued its verdict in Ultratec, Inc v CaptionCall, LLC. View Attachment (PDF)

December 07, 2017

IP Counsels Exchange

Momentum December 7, 2017 The firm is sponsored Momentum’s IP Counsel Exchange in New York City on December 7. Partner Justin Oliver is spoke on a panel entitled “ 5 Years In, Beyond Nuance to Strategy.”

November 27, 2017

Supreme Court Hears Oral Argument On Constitutionality Of Inter Partes Review In Oil States

Fitzpatrick Case Update November 28, 2017 On November 27, 2017, the Supreme Court heard oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712. The Supreme Court’s decision in this case will either spare or strike down inter partes review as a means for challenging the validity of issued patents in the United States. View…

October 10, 2017

In re Aqua Products: In a Divided Decision, En Banc Federal Circuit Holds That Petitioner Must Prove All Propositions of Unpatentability, Including for Amended Claims

Fitzpatrick Case Update On October 4, 2017, a divided en banc Federal Circuit issued several opinions addressing the burden of proof pertaining to a motion to amend claims in inter partes review (“IPR”) proceedings.  While none of the opinions garnered a full majority in all respects, the leading opinion authored by Judge O’Malley held that “in the absence of any…

September 21, 2017

Federal Circuit Clarifies Requirements For Determining “Regular And Established Place Of Business” Under Patent Venue Statute

Fitzpatrick Case Update September 21, 2017 On September 21, 2017, a Federal Circuit panel rejected an Eastern District of Texas judge’s proposed four-factor test for determining whether venue is proper over a defendant in a patent infringement action under the “regular and established place of business” prong of the United States patent venue statute.  In place of the Eastern District…

August 15, 2017

Federal Circuit Holds That Memory System Patent Is Directed To Patent-Eligible “Improvement To Computer Functionality”

Fitzpatrick Case Update August 15, 2017 On August 15, 2017, the Federal Circuit, in a 2-1 decision in Visual Memory LLC v. NVIDIA Corporation, Appeal No. 16-2254, reversed a district court’s determination that Visual Memory’s U.S. Patent No. 5,953,740 was invalid because it was directed to a patent-ineligible abstract idea.  The Federal Circuit majority instead concluded that the ’740 patent…

June 12, 2017

Fitzpatrick Research Reveals Certain Drug Patents Survive IPR Proceedings At A Higher Rate than Patents for Other Technologies

Contact: Linda Ficano Fitzpatrick, Cella, Harper & Scinto (212) 218-2284 [email protected] Fitzpatrick Research Reveals Certain Drug Patents Survive IPR Proceedings At A Higher Rate than Patents for Other Technologies New York, NY—June 12, 2017—Fitzpatrick, Cella, Harper & Scinto, one of the world’s leading intellectual property law firms, today released original research revealing that certain pharmaceutical patents survive challenges at the…

Drug Patents May Fare Better Than Other Technologies In IPR Proceedings

BiologicsHQ Article June 12, 2017 On March 31, 2017, the United States Patent Trial and Appeal Board (“PTAB”) released updated statistics showing the fate of resolved inter partes review (“IPR”) proceedings. These statistics show that a total of 4,563 IPR petitions were resolved as of March 31, 2017 including 1,577 final written decisions. In 81% of these final written decisions…

May 10, 2017

Covered Business Method Gamesmanship After Secure Axcess v. PNC Bank

Westlaw Journal Intellectual Property May 10, 2017 Earlier this year, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Secure Axcess LLC v. PNC Bank, 848 F.3d 1370 (Fed. Cir. 2017). This decision fundamentally changed the requirements for the institution of a review for covered business method patents.