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7 Jul 2020, 9:15 am by Rebecca Tapscott
Sandoz, Inc., Sandoz International GMBH, Sandoz GMBH, holding that Sandoz failed to prove that the asserted claims were invalid for obviousness-type double patenting (ODP), failure to meet the written description requirement, and obviousness for lack of motivation to combine the prior art references. [read post]
1 Oct 2015, 6:40 am by Joy Waltemath
Servs., Inc., held that the “motivating factor” causation standard does not apply to ADEA claims, and an ADEA plaintiff must prove that age was a “but for” cause of the adverse employment action. [read post]
20 Apr 2016, 1:01 am by Mark Engstrom
Court of Appeals for the Federal Circuit has ruled (In re Hubbell Inc., April 7, 2016, per curiam). [read post]
1 Jul 2011, 10:24 am by mjpetro
Each circuit to actually reach the issue has rejected the primary motivation theory Borrasi advocates. [read post]
17 Feb 2021, 2:14 pm by Karen Tani
And how has the politically-motivated use of business regulation thwarted the entrepreneurial efforts and political goals of racial minority groups? [read post]
In a recent decision of note concerning the 2012 sale of Morton’s Restaurant Group to Landry’s, Inc., Chancellor Strine of the Delaware Court of Chancery found that a private equity firm with a 28 percent stake in Morton’s was not a controlling stockholder, applied the business judgment rule, and dismissed the stockholder plaintiffs’ challenge to the sale at the motion to dismiss stage of litigation. [read post]
8 Jan 2018, 3:34 pm by Lawrence B. Ebert
This court has“repeatedly held that the motivation to modify a prior artreference to arrive at the claimed invention need not bethe same motivation that the patentee had. [read post]
22 Mar 2019, 2:18 pm by Dennis Crouch
Teleflex Inc., 550 U.S. 398, 420 (2007) (“[A]ny need or problem known in the field of endeavor at the time of invention and addressed by the patent can provide a reason for combining the elements in the manner claimed. [read post]
8 Mar 2022, 10:00 pm
The Patent Trial and Appeal Board found in a recent inter partes review— DraftKings Inc. v. [read post]
8 Mar 2022, 10:00 pm
The Patent Trial and Appeal Board found in a recent inter partes review— DraftKings Inc. v. [read post]