Author: John Richards | Practices: , , | Tags: , , , , , , , ,

Patents in Crisis: Is there a Solution in Sight?

Patents in Crisis: Is there a Solution in Sight? Remarks prepared for presentation to the Emily C. and John E. Hansen IP Institute at Fordham Law School on September 19, 2019 I. Introduction II. The Four Sledgehammers Affecting Confidence in U.S....

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Authors: Ralph H. Cathcart, | Practices: | Tags: ,

DIVERSITY IN INTELLECTUAL PROPERTY 2020

Ladas & Parry LLP considers diversity and inclusion as core values and principles that provide access to opportunity, consolidation of expertise and range of perspectives and ensures excellence, particularly in the IP field. We salute those who...

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Author: John Richards | Practices: , , | Tags: , , , , , , , , , ,

Return Mail Inc. v. United States Postal Service

On June 20, 2019, the United States Supreme Court held that government entities could not be considered “persons” entitled to challenge patents owned by others before the Patent Trial and Appeal Board...

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Author: John Richards | Practices: , , | Tags: , , , , , , ,

DESIGN PATENT PROTECTION FOR REPLACEMENT PARTS

The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended in an uneasy...

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Author: John Richards | Practices: , | Tags: , , , , ,

U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT HAS HELD THAT NEITHER STATE AGENCIES NOR INDIAN TRIBES ENJOY SOVEREIGN IMMUNITY, WHICH WOULD PROTECT THEIR PATENTS FROM CHALLENGE IN THE PATENT TRIAL AND APPEAL BOARD OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

Introduction On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes...

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Author: John Richards | Practices: , | Tags: , , , ,

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc: Prior Public Sale may destroy novelty without disclosure of inventive feature

In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc, the United States Supreme Court held that a prior public sale of a patented product could destroy the novelty of a patent for that product even though there was no disclosure of the...

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