NEWS:
MAKING HEADLINES IN THE POST-GRANT WORLD

Managing Intellectual Property March 15, 2018 The firm sponsored MIP’s Global Trademark Roadshow 2018 held at the Convene in New York on March 15. Lisa Mottes spoke on a panel entitled “Repercussions of trademark law post Matal vs Tam and In re Brunetti.”

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

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.”

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…

Venable Fitzpatrick Case Update February 16, 2018 Two recent Federal Circuit decisions, Berkheimer v. HP Inc. (No. 2017-1437) and Aatrix Software, Inc. v. Green Shades Software, Inc. (No. 2017-1452), have identified certain circumstances that militate against early or summary § 101 determinations in litigation. View Attachment (PDF)

Venable Fitzpatrick Press Release January 9, 2018 New York, NY—January 2, 2018—Venable Fitzpatrick, 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 of industries…

Venable 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…

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)

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.”

Venable 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.…

Venable 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…

Venable 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…

Venable 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…

Venable Fitzpatrick Research Reveals Certain Drug Patents Survive IPR Proceedings At A Higher Rate than Patents for Other Technologies New York, NY—June 12, 2017—Venable Fitzpatrick, one of the world’s leading intellectual property law firms, today released original research revealing that certain pharmaceutical patents survive challenges at the U.S.P.T.O.’s Patent Trial and Appeal Board (“PTAB”) at a significantly higher rate than…

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…