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CR Partner Appointed as a Delegate to Pennsylvania Bar Association House of Delegates and Elected Secretary of Board of Directors of Bar Association of Lehigh County

Posted on May 5, 2016 in News

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

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Caesar Rivise Welcomes New Partner, Lynn Terrebonne, Ph.D.

Posted on May 2, 2016 in News

Caesar Rivise, PC is pleased to announce that Lynn M. Terrebonne, Ph.D., is now a partner with the firm.

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Back from the Dead: Post-Alice Case-law Revives Software Patent Outlook

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.

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Importance of Protecting Intellectual Property in Cuba

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.

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Caesar Rivise Client Wins Motion for Summary Judgment

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.

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Top 5 Considerations for Patent Owners Seeking to Assert Patents Against Infringers

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.

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A “Buck Rogers” Partially Completed Screenplay Adaptation Is Not Sufficient Basis for a Declaratory Judgment Action

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.

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Finding of Inequitable Conduct Renders Patent Unenforceable

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.

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The Court of Appeals for the Federal Circuit Finds Specific Jurisdiction in ANDA Patent Cases

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.

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Caesar Rivise Wins Motion to Transfer Case to the U.S. District Court for the Central District of California

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.

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