News & Resources

Posted on May 5, 2016 in News

Congratulations are in order for Caesar Rivise Partner James J. Kozuch.

Posted on May 2, 2016 in Blog

When the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, 134 S.CT. 2347 (2014)  that rejected patentability for algorithms, many considered this a death knell for software patents even though the ruling never once used the term “software”. Since Alice it has become nearly standard practice for courts to entertain early motions to dismiss software patent-based complaints for invalidity under 35 U.S.C. 101.

Posted on Apr 27, 2016 in Articles

As the relationship between the United States and Cuba continues to improve, significant business opportunities will arise. For any organization seeking to engage in the Cuban economy, the importance of having intellectual property protection is paramount.

Posted on Apr 8, 2016 in News

In American Diabetes Association v. The Friskney Family Trust et al., Judge Goldberg of the United States District Court for the Eastern District of Pennsylvania on April 6, 2016 granted an order granting the summary judgment motion filed by Caesar Rivise on behalf of the American Diabetes Association (ADA) to dismiss the counterclaims of the Defendants.

Posted on Apr 8, 2016 in Blog

What do you do when someone is infringing your patent? They say imitation is the highest form of flattery, but flattery will get you nowhere when you are attempting to protect your hard-earned intellectual property rights.

Posted on Mar 28, 2016 in Blog

In an interesting case decided in the US District Court for the Western District of Pennsylvania, the court found that a producer, who had begun a screenplay adaptation for a movie based upon the character “Buck Rogers”, and who had been threatened with a copyright infringement suit, did not have a sufficient basis to sustain a declaratory judgment action.

Posted on Mar 23, 2016 in Articles

Any person associated with the filing and prosecution of a patent application has a “duty of candor and good faith” toward the U.S. Patent and Trademark Office (USPTO). Failure to satisfy this duty can have dire consequences—a court may determine that “inequitable conduct” has occurred and a patent may therefore be found to be unenforceable. Proving that a party has engaged in inequitable conduct, however, has become very difficult over the past few years. So when recently, in Ohio Willow Wood v. Alps South LLC, 2015-1132 (Fed. Cir. Feb. 19, 2016), the U.S. Court of Appeals for the Federal Circuit reached an opinion that inequitable conduct had ­occurred, many IP attorneys took notice.

Posted on Mar 21, 2016 in Blog

On March 18, 2016, the Court of Appeals for the Federal Circuit ruled for the first time that an ANDA filer can basically be sued anywhere unless it is unfair, widening broadly jurisdiction in ANDA cases. Mylan Inc. was sued twice in Delaware based on two ANDA filings and argued the Delaware court did not have specific or general jurisdiction over it.

Posted on Mar 4, 2016 in News

In the case of Access Business Group LLC v. BattleChem Distribution, Inc. and Divi’s Laboratories, LTD., 1:13-cv-00828-RJJ (US DC Western District of Michigan), the Honorable Robert J. Jonker on March 3, 2016 granted defendants’ Motion to Transfer a breach of contract and breach of warranty action to the Central District of California.

Posted on Feb 24, 2016 in Articles

The U.S. Supreme Court is soon set to decide the standard that should be used when the U.S. Patent and Trademark Office reassesses the validity of an issued patent. The case, Cuozzo Speed Technologies LLC v. Lee, No. 15-446, may play a significant role in determining whether an accused patent infringer can defend itself by arguing that the asserted patent should have never been granted in the first place.