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: , , , , ,

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

DIVERSITY IN INTELLECTUAL PROPERTY

Ladas & Parry LLP considers diversity and inclusion as core values and principles that provide access to opportunity and ensure excellence, particularly in the IP field. We salute those who have helped shape the world and would like to shine a...

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

Native 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...

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

SCOTUS 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...

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