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U.S. Buyers and Their Legal Advisors Beware: Indian Court’s Injunction Against Glenmark’s Continued Infringement of Symed Lab’s Process Patent Suggests That Pharmaceutical Method Claims Are Becoming More Readily Enforceable in India

Posted on Jan 23, 2015 in Blog

An ad interim injunction passed by the Honorable Delhi High Court (on January 19, 2015) against Glenmark restrained infringement of Symed’s Process Patent Nos. IN 213062 and IN 213063.

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Supreme Court in Teva v. Sandoz Holds That Claim Construction Facts Must Be Reviewed Under Clear Error Standard On Appeal

Posted on Jan 20, 2015 in Blog

On Tuesday, January 20, 2015, in Teva Pharmaceuticals USA Inc. et al. v. Sandoz Inc. et al., case number 13-854, the United States Supreme Court, in a 7-2 decision by Justice Breyer abolished the CAFC’s en banc practice that claim construction rulings of the district court be reviewed de novo. Instead, the Court ruled that these ruling must be entitled to deference of the district court’s factual findings as Teva had requested in a dispute regarding its highly profitable Copaxone product for multiple sclerosis.

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Further USPTO Guidance re Patent Subject Matter Eligibility

Posted on Dec 18, 2014 in Blog

In light of the relatively recent Supreme Court decisions in the area of patent subject matter eligibility, the United States Patent and Trademark Office has been attempting to provide guidance to its Patent Examiners to use in determining whether claims are directed to patent eligible subject matter. Further to that end, the Patent Office has released new Interim Guidance on Patent Subject Matter Eligibility, which was published in the Federal Register on December 16, 2014.

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No Shave November Update

Posted on Dec 2, 2014 in Blog

No shave November concludes with a group photo of David Tener, Nick Tinari, Sal Guerriero and Touhey Myer. Thank you for supporting the American Cancer Society!

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USPTO Launches On-Line Litigation ToolKit

Posted on Oct 14, 2014 in Blog

Last month, the U.S. Patent and Trademark Office (USPTO) hosted a webinar discussing its Patent Litigation Online Toolkit, which is located at http://www.uspto.gov/patents/litigation/index.jsp. The toolkit was introduced earlier this year to answer frequently asked questions and provide information about patent lawsuits.

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Team Caesar Rivise Rides for Multiple Sclerosis Research

Posted on Sep 29, 2014 in Blog

On Saturday, September 27, 2014, Caesar Rivise attorneys Michael Cornelison, Sal Guerriero and Nick Tinari rode in the Multiple Sclerosis Society’s 2014 City to Shore 80-mile cycle event along with over 7000 other participants.

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Expediting Software-Related Patent Applications in the U.S. Patent and Trademark Office Using Glossary Pilot Program

Posted on Sep 24, 2014 in Blog

The U.S. Patent and Trademark Office (PTO) recently initiated a pilot program that allows software-related patent applications that are accepted in the program to receive expedited processing and examination. Accepted applications are placed on the examiner’s special docket prior to the first Office Action, and receive “special status” up to issuance of a first Office Action.

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CAFC in STC.UNM v. Intel Corp. Affirms Dismissal of Patent Infringement Suit in Which Co-Owner Refused to Join

Posted on Sep 19, 2014 in Blog

In STC.UNM v. Intel Corporation, case number 13-1241, decided September 17, 2014, the Court of Appeals for the Federal Circuit (“CAFC”), in a 6-4 decision, refused to conduct an en banc review of its prior panel decision dismissing a patent infringement suit brought by the licensing arm of the University of New Mexico against Intel Corporation (“Intel”),

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The Washington Redskins Come Back Fighting

Posted on Aug 27, 2014 in Blog

On June 25, 2014, we blogged that the U.S. Patent and Trademark Office cancelled six trademark registrations owned by the Washington Redskins, ruling that the term “Redskins” was disparaging. On August 14, 2014, the owner of the Washington Redskins came back fighting with a new federal lawsuit (Pro-Football, Inc. v. Amanda Blackhorse et al., Case No. 1:14-cv-01043, E.D. Va.) asking the U.S. District Court for the Eastern District of Virginia to overturn the U.S. Patent and Trademark Office’s cancellations, asserting that the Redskin marks do not disparage Native Americans.

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U.S. House of Representatives Panel to Investigate Abuse of U.S. Patent And Trademark Office Telework Program

Posted on Aug 26, 2014 in Blog

The U.S. Patent and Trademark Office’s “telework” program came under fire when news emerged, first reported in an August 10, 2014 Washington Post article, that oversight of patent examiners who work from home at various locations around the country was “completely ineffective.”

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