Education Center
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...
Read ArticleU.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...
Read ArticleHelsinn 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...
Read ArticleNative American Tribes’ Patents Not Immune from Challenge in the Patent Trial and Appeal Board
On July 20 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 do not enjoy Sovereign...
Read ArticleSCOTUS GRANTS THE LOSS OF OVERSEAS PROFITS TO BE INCLUDED IN DAMAGES IN WESTERN GECO LLC V. ION GEOPHYSICAL CORPORATION
On June 22, 2018 in WesternGeco LLC v. Ion Geophysical Corporation, the Supreme Court held in a 7 – 2 decision written by Thomas J with Gorsuch and Breyer JJ dissenting that the loss of foreign profits resulting from the infringing export from the...
Read ArticlePRESENTATION: FEDERAL CIRCUIT CONTROL OVER PTAB IN POST-GRANT PROCEEDINGS
A presentation given by Ladas attorney John Richards during the Fordham IP Institute Conference in April 2018 is now available. Click on link to view: “Federal Circuit Control Over PTAB in Post-Grant...
Read Article