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Yearly Archives: 2017

The Supreme Court Affirms the First Sale and Exhaustion Doctrine

Posted on Jun 1, 2017 in Blog

On May 30, the Supreme Court in Impression Products v Lexmark International, Inc. in a 7-1 opinion written by Justice Roberts ruled that “once a patentee decides to sell-whether on its own or through a licensee, that sale exhausts its patent rights, regardless of any post-sale restrictions the patentee purports to impose, either directly or through a license.”

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Raising “Laches” (Delay) as a Defense to Patent Infringement Has Now Been Delayed

Posted on May 31, 2017 in Blog

In the recent Supreme Court case, SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products, LLC , 137 S. Ct. 954 (2017), the Court ruled that a laches defense to a patent infringement damages is not permitted when the suit is filed within six years of the term set forth in 35 U.S.C. §286.

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TC Heartland Will Shift More Litigation To The District of Delaware

Posted on May 25, 2017 in Blog

On Monday, May 22, 2017, the Supreme Court issued a unanimous decision in TC Heartland LLC v. Kraft Food Group Brands LLC, drastically changing where patent infringement cases can be litigated in the United States.

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The Risk of Losing Patent Rights When an Invention Is ‘On Sale’

Posted on May 25, 2017 in Articles

One of the most frequent ­errors ­committed by inexperienced ­inventors is the untimely sale or public use of their invention. The sale of a ­product that includes a new invention—before a patent application is filed—destroys patent rights in many countries. Not so in the United States, where U.S. law provides a 12-month “grace period” to file for patent protection after a public use or sale.

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$1.9 Million Awarded to Defendants for Caesar Rivise Attorneys’ Fees in Exceptional Case

Posted on May 22, 2017 in News

In the case of Roxane Laboratories, Inc. v. Camber Pharmaceuticals Inc., InvaGen Pharmaceuticals Inc., Civil Action No. 14-4042 (D.N.J.), the Honorable Stanley R. Chesler issued an Order on May 18, 2017 granting defendants’ motion to declare the case exceptional pursuant to 35 U.S.C. § 285, and ordering plaintiff to pay attorneys’ fees in the amount of $1,983,420.60 to defendants.

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CLE on Preparing Witnesses Hosted by Caesar Rivise

Posted on May 22, 2017 in Events

Caesar Rivise, PC is hosting a CLE entitled “Preparing Witnesses to Testify / Strategies for Successful Deponent and Witness Preparation” presented by Michael A. Biek of DecisionQuest. This one-credit CLE is being provided on May 22, 2017 from noon-1pm at the CR offices at 1635 Market Street, 12th Floor, Philadelphia, PA 19103.

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Patent Marking Offers Rights, Quick Damage Recovery

Posted on Apr 27, 2017 in Articles

Have you ever noticed patent ­numbers on a product that you purchased? Those patent numbers show up everywhere: on the back of an appliance, on the bottom of a candy dispenser—even on the cardboard insulator for a hot coffee cup. Placing a patent number on a patented product is called “patent marking” and it is strictly voluntary, but doing so can afford the patent holder with significant rights.

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In Memoriam – Alan H. Bernstein

Posted on Apr 21, 2017 in News

It is with great sadness that the firm announces the passing of retired partner Alan H. Bernstein, who died suddenly on April 15, 2017 at age 84.

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Caesar Rivise Wins Motion For Attorneys’ Fees In Exceptional Case

Posted on Apr 18, 2017 in News

In the case of Roxane Laboratories, Inc. v. Camber Pharmaceuticals Inc., InvaGen Pharmaceuticals Inc., Civil Action No. 14-042 (D.N.J.), the Honorable Stanley R. Chesler on April 12, 2017, granted defendants’ motion to have the case declared “exceptional” pursuant to 35 U.S.C. § 285 and awarded attorneys’ fees in an amount upwards of $2 million.

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CR Partner Elected Delegate to Pennsylvania Bar Association House of Delegates and Vice President of Bar Association of Lehigh County

Posted on Apr 3, 2017 in News

Caesar Rivise Partner James J. Kozuch was re-elected to serve a three year term as a Delegate to the Pennsylvania Bar Association (“PBA”) House of Delegates representing Zone 2, which comprises Lehigh, Northampton, Berks, Carbon, and Schuylkill Counties. Mr. Kozuch was also elected Vice President of the Bar Association of Lehigh County (“BALC”) in January of this year.

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