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25 Oct 2020, 9:44 pm
In addition to expanding (beyond recognition) the capacity for courts to invalidate patents on lack of subject matter eligibility grounds, the case illustrated the fractured nature of the Court on this question (with the judges being equally divided on the rehearing en banc... [read post]
19 Oct 2017, 9:54 pm
District Court for the Central District of California's grant of a motion to dismiss on grounds that the claims of seven asserted patents are directed to subject matter ineligible for patenting under 35 U.S.C. [read post]
24 May 2018, 8:53 pm
One of the most persistent questions is what is the extent to which a declaratory judgment plaintiff can base the action not on traditional grounds (such as those between competitors for a patented product) but rather on the effects of patents on consumers or beneficiaries of a patented compound; these questions have arisen with greatest vigor over patented... [read post]
9 Jul 2017, 9:12 pm
By Michael Borella -- When a district court judge states that "[o]ne could say this case is about a patent that claims too much and a legal test that provides too little," it is not hard to guess which way the case is going to go (the patent gets invalidated), based on what grounds (35 U.S.C. [read post]
18 Feb 2018, 8:39 pm
Green Shades filed a 12(b)(6) motion to dismiss on the grounds that all asserted claims were not eligible for patent under 35 U.S.C. [read post]
9 Dec 2018, 9:59 pm
., which established that a first patent filed earlier than a second patent but that issued later, could be used to invalidate the second patent on OTDP grounds, if the reason the later-expiring patent was later-expiring was due to Patent Term Extension under 35 U.S.C. [read post]
30 Oct 2019, 10:48 pm
., the Federal Circuit held that Idenix's patent was invalid on both grounds, affirming the District Court's overturning of a jury verdict on enablement and... [read post]
19 Jan 2020, 9:58 pm
Patent No. 8,765,167, citing seven prior art grounds of anticipation or obviousness.... [read post]
19 Dec 2017, 9:59 pm
Mohawk Indian Tribe was entitled to have the Board dismiss, on grounds of sovereign immunity, inter partes reviews on patents the Tribe licensed from Allergan (see "Mohawk Nation Exercises Sovereign Immunity in Inter Partes Review"). [read post]
27 Jul 2020, 9:49 pm
., and William Decker of patents licensed from the University of Texas (UT), when UT refused to join as a necessary party on sovereign immunity grounds. [read post]
30 Aug 2016, 8:57 pm
LG moved for summary judgment on the grounds that the claim was invalid under 35 U.S.C. [read post]
16 Sep 2013, 9:59 pm
The grounds for reversing the District Court's finding that the defendant had not established invalidity under the public use statutory bar under 35 U.S.C. [read post]
26 Jul 2021, 9:04 pm
Wyze moved the District Court to dismiss under Rule 12(c), on the grounds that the claims are directed to ineligible subject matter. [read post]
20 Jun 2011, 9:31 am
Jason Chaffetz (R-UT3): HR 2168 IH 112th CONGRESS 1st Session H. [read post]
20 Sep 2018, 7:17 am
not filed in time.The present appeal lies from the decision of the Opposition Division to revoke European Patent EP1968779 on the grounds of lack of novelty and inventive step in view of, among others, prior art document D51. [read post]
6 Aug 2007, 5:57 pm
JOHN PODHORETZ: The New Republic has, in essence, defended the personal essay by U.S. soldier Scott Thomas Beauchamp on all grounds save one: That Beauchamp relocated to Iraq an incident in which he participated in Kuwait. [read post]
15 Jun 2012, 12:47 pm
Recently, the West Virginia Supreme Court granted a writ of prohibition against a Kanawha County circuit court judge, Carrie Webster on the grounds that Judge Webster acted outside the bounds of her powers by excluding crucial evidence in a murder case. [read post]
8 Sep 2011, 10:00 am
The family of Catherine “Kate” Gill is trying to determine whether they have grounds for a Massachusetts wrongful death claim against the Barnstable County Sheriff's Office. [read post]
23 Jan 2014, 9:06 am
This ban was later struck down by a federal court on the grounds that part of the ban singled out Islamic law for special restriction. [read post]
12 Feb 2016, 10:00 am
Too many startups fail to successfully get off the ground because of decisions that result in inadequate financing. [read post]
