Federal Circuit Refuses Patentee’s Request to Revive Term-Adjusted Patent Claims Held Unpatentable for Obviousness-Type Double Patenting

By Michelle E. O’Brien and Tom Irving   The Court of Appeals for the Federal Circuit today affirmed the U.S. Patent Office’s findings that claims in four patents were unpatentable because they are not patentably distinct from claims in other patents in the same family.  In re Cellect, LLC, Nos. 2022-1293, 2022-1294, 2022-1295, 2022-1296 (August [...]

Prosecution and Specification Statements: Implications for Patent Claim Construction in Parent and Sibling Applications and PTAB and District Court/Federal Circuit Litigation

Marbury Senior Partner Tom Irving and Partner Michelle E. O'Brien will be co-presenting a webinar titled "Prosecution and Specification Statements: Implications for Patent Claim Construction in Parent and Sibling Applications and PTAB and District Court/Federal Circuit Litigation" on August 24, 2023, at 1:00 p.m. ET.  The webinar will discuss how statements in the patent specification and [...]

2023-08-18T12:28:51-05:00August 18, 2023|Firm News|

Proving and Avoiding Inequitable Conduct and Unclean Hands in Patent Prosecution and Litigation

Marbury Senior Partner Tom Irving will be co-presenting a Strafford Webinar titled "Proving and Avoiding Inequitable Conduct and Unclean Hands in Patent Prosecution and Litigation" on August 17, 2023, from 1:00-2:30 p.m. Eastern time.  The webinar will be helpful for patent counsel to understand the types of activities that may lead to a finding of [...]

2023-08-14T12:42:43-05:00August 14, 2023|Firm News|

Federal Circuit Takes Rare Step of Sending Issue of Obviousness Back to PTAB in Ex Parte Appeal

By Scott Amankwatia, Michelle E. O’Brien, and Tom Irving The United States Court of Appeals for the Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s decision in an ex parte appeal affirming the U.S. Patent Office Examiner’s rejection of claims 1-13, 16, 22-24, and 27 of U.S. Patent Application No. 15/909,314 as [...]

2023-08-11T11:27:01-05:00August 11, 2023|Court Cases, Patent|
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