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Patent Insights

Patent Insights

Federal Circuit Finds District Court Did Not Err in Jury Instructions On ‘Ordinary Observer’ Standard

“The CAFC found no error in the jury instructions, which defined the ordinary observer as ‘a person who buys and uses the product at issue’ and ‘correctly instructed [the jury] that the question is how the ordinary observer would view the article as a whole.’” The U.S. Court of Appeals for the Federal Circuit (CAFC) …

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UPDATED: Global IP Offices Respond to COVID-19

We live in interesting times. No corner of professional or personal life seems untouched in at least some way by the latest coronavirus (named SARS-CoV-2) and the disease it causes (named “coronavirus disease 2019” abbreviated COVID-19). Governments all around the world are either demanding or suggesting that people quarantine themselves or engage in social distancing. …

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Facebook v. Windy City: CAFC Strikes Down PTAB’s Approach to Joinder in IPRs

“Were the statute ambiguous, we would alternatively resolve this matter in the same way. Specifically, we would find that no deference is due to the POP opinion in Proppant and that the most reasonable reading of § 315(c) is the one we adopt in our majority opinion.” Chief Judge Prost, Federal Circuit. In Facebook v. …

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Twisting Facts to Capitalize on COVID-19 Tragedy: Fortress v. bioMerieux

“The offer of a royalty-free license to any third party working on diagnostics tests directed to COVID-19 is a generous response not only to bioMerieux, not only to all the biopharma companies working on COVID-19, but to everyone, period. We all have an interest in this issue, as the world around us shutters.” Some people …

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Patent Filings Roundup: Uptick Despite COVID-19, Theranos Patents Reemerge

Case Number Action Plaintiff Defendant Patent 3:20-cv-02542 Filed JAMES J MACORGOLDFINCH DESIGN STUDIO, LLC HID Global Corp.COLLECTOR`S UNIVERSE, INC. dba PROFESSIONAL COINN GRADING SERVICES 8376133 1:20-cv-00347 Filed Gilead SciencesAstellas Pharma Gland Pharma, Ltd. 8106183RE473018524883 2:20-cv-02608 Filed Celgene Mylan 10555939 2:20-cv-02614 Filed Celgene Teva Pharmaceutical 10555939 2:20-cv-02299 Filed JBF Interlude 2009 Ltd – Israel Quibi Holdings, …

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Current Events

Current Events Network Issues Affecting Inbound and Outbound Phone Calls The USPTO is currently experiencing network issues affecting inbound and outbound calls. Calls may be disconnected from the phone system. The USPTO technical teams are working to resolve the issue.   Open Data Patent Office Action Data Updates Unavailable Due to internal maintenance on Patent content systems …

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Brexit Agreement: Implications for Hague System Users

January 30, 2020 The Agreement on the Withdrawal of the United Kingdom (UK) from the European Union (EU) provides for a transition period starting on February 1, 2020, the date on which the UK will leave the EU, and ending on December 31, 2020. This Agreement provides for continued protection in the UK for industrial …

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