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Articles by Darren Mogil
Breathing New Life Into The “Tangential” Exception to Prosecution History Estoppel | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
USPTO Issues Revised Guidances Concerning 35 U.S.C. §§ 101 and 112 | JD Supra
On January 7, 2019, the U.S. Patent and Trademark Office (USPTO) issued two new guidances setting forth revised procedures for examining patent applications. These procedures apply to all patent applications, regardless of when they were filed. The Section 101 Guidance The first is under 35 U.S.C. § 101 (Section 101 Guidance) and pertains to what constitutes patent-eligible subject matter.
Confidential Sales of an Invention Do Not Avoid the “On Sale” Bar Under the America Invents Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Federal Circuit Redefines Secondary Meaning and Infringement for Product Trade Dress in Converse | JD Supra
On October 30, 2018, a divided Federal Circuit issued a decision in Converse, Inc. v. ITC, whereby it created a new test for secondary meaning and placed limits on trade dress infringement. The Federal Circuit found registered trade dress carries a presumption of secondary meaning only prospectively from the date of registration. Prior to the date of registration, the mark owner must show that the mark acquired secondary meaning prior to the first infringing use for each accused infringer.
Assignor Estoppel Does Not Apply in IPR Proceedings | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
When is a Disclosure Not a Disclosure? | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Natural Alternatives International, Inc. v. Iancu - The Importance of Properly Maintaining Priority | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Nobel Biocare Services AG v. Instradent USA, Inc. – When is a Printed Publication Publicly Available? | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Attorney-Client Privilege Can Protect Multi-Purpose Corporate Communications | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
The Use of IPR Institution Denial Decisions in Litigation
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Petitioner has the Burden of Proving Unpatentability of Amended Patent Claims in IPRs
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The Federal Circuit’s Raytheon Co. v. Cray, Inc. Decision
In the wake of the United States Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC1, district courts have been faced with numerous motions to transfer venue. In response to those motions, district courts have developed varying tests for analyzing whether venue is proper. One such test was crafted by Judge Gilstrap of the Eastern District of Texas in a June 29, 2017, opinion in Raytheon Co. v. Cray, Inc.2, denying defendant Cray’s motion to transfer venue.
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