Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Devon Beane
First Denial Based on USPTO’s New Discretionary Denial Factors | JD Supra
Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv factors should be addressed going forward.
First Denial Based On USPTO's New Discretionary Denial Factors
KG K&L Gates LLP More At K&L Gates, we foster an inclusive and collaborative environment across our fully integrated global platform that enables us to diligently combine the knowledge and expertise of our lawyers and policy professionals to create teams that provide exceptional client solutions. With offices spanning across five continents, we represent leading global corporations in every major industry, capital markets participants, and ambitious middle-market and emerging growth companies.
Estoppel Estopped? | JD Supra
The Federal Circuit recently resolved a split among the district courts whether patent infringement defendants who bring inter partes review (IPR) challenges are estopped from raising new prior art challenges in a co-pending district court litigation.
Federal Circuit Broadens ITC Economic Prong
In the recent decision of Lashify, Inc. v. International Trade Commission, the United States Court of Appeals for the Federal Circuit rejected the long-standing approach concerning the interpretation of the domestic-industry requirement under Section 337 of the Tariff Act of 1930. The complainant, an American company importing eyelash extensions from international manufacturers, which alleged that certain other importers were infringing on its patents.
Federal Circuit Broadens ITC Economic Prong
In the recent decision of Lashify, Inc. v. International Trade Commission, the United States Court of Appeals for the Federal Circuit rejected the long-standing approach concerning the interpretation of the domestic-industry requirement under Section 337 of the Tariff Act of 1930. The complainant, an American company importing eyelash extensions from international manufacturers, which alleged that certain other importers were infringing on its patents.
Reviewing the Reviewers: Loper Bright's Impact on Judicial Review of Patent Trial and Appeal Board IPR Practice
Recommended Citation Jason A. Engel, George C. Summerfield & Devon C. Beane, Reviewing the Reviewers: Loper Bright's Impact on Judicial Review of Patent Trial and Appeal Board IPR Practice, 24 Chi.-Kent J. Intell. Prop. 1 (2025). Available at: https://scholarship.kentlaw.iit.edu/ckjip/vol24/iss1/4 DOWNLOADS Since February 20, 2025 COinS
Federal Circuit Clarifies the "Dispositive" Requirement of the Foreign Antisuit-Injunction Framework | JD Supra
On 24 October 2024, the Federal Circuit issued a precedential decision in Telefonaktiebolaget LM Ericsson v. Lenovo (U.S.), Inc.1 concluding that the threshold “dispositive” requirement of the foreign-antisuit-injunction framework can be met if a foreign antisuit injunction would resolve a foreign injunction, even if it would not resolve the entire foreign proceeding.
Federal Circuit Clarifies The "Dispositive" Requirement Of The Foreign Antisuit-Injunction Framework
On 24 October 2024, the Federal Circuit issued a precedential decision in Telefonaktiebolaget LM Ericsson v. Lenovo (U.S.), Inc.1 concluding that the threshold "dispositive" requirement of the foreign-antisuit-injunction framework can be met if a foreign antisuit injunction would resolve a foreign injunction, even if it would not resolve the entire foreign proceeding.
Federal Circuit Clarifies the “Dispositive” Requirement of the Foreign Antisuit-Injunction Framework
On 24 October 2024, the Federal Circuit issued a precedential decision in Telefonaktiebolaget LM Ericsson v. Lenovo (U.S.), Inc.1 concluding that the threshold “dispositive” requirement of the foreign-antisuit-injunction framework can be met if a foreign antisuit injunction would resolve a foreign injunction, even if it would not resolve the entire foreign proceeding.
Federal Circuit Confirms Application Of The Pre-AIA On-Sale Bar To AIA Patents
KG K&L Gates More At K&L Gates, we foster an inclusive and collaborative environment across our fully integrated global platform that enables us to diligently combine the knowledge and expertise of our lawyers and policy professionals to create teams that provide exceptional client solutions. With offices spanning across five continents, we represent leading global corporations in every major industry, capital markets participants, and ambitious middle-market and emerging growth companies.
Four Whistleblowers Put Home Healthcare and Hospice Facilities’ Medicare Fraud Scheme to Rest
27 August 2024. Four whistleblowers in two separate qui tam actions brought a home healthcare company and its subsidiaries to justice. Intrepid U.S.A. and its subsidiaries resolved allegations that it violated the False Claims Act by agreeing to pay a $3,850,000 settlement, based on its ability to pay.
Federal Circuit Confirms Application of the Pre-AIA on-Sale bar to AIA Patents
On August 12, 2024, the United States Federal Circuit held that the enactment of the America Invents Act did not constitute a foundational change in the on-sale bar provision under 35 U.S.C. § 102(a)(1), finding the sale of products made using a secret process triggers the on-sale bar under pre-AIA precedent.1 The Court therefore affirmed the International Trade Commission’s invalidation of Celanese’s patents because Celanese sold products made using the patented process more than one year...
Federal Circuit Relaxes Standard For Design Patent Obviousness Challenges
On 21 May 2024, the Federal Circuit overturned the Rosen-Durling test used to assess non-obviousness of design patents. In LKQ Corporation v. GM Global Technology Operations LLC, the Court en banc ruled the same conditions for patentability that apply to utility patents apply to design patents, specifically holding the obviousness rationale articulated in KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), will now apply to design patents. LKQ Corp. v. GM Glob. Tech.
Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk | JD Supra
December 21, 2022 Devon Beane, Simon Casinader, Amanda Maxfield, Harrison Ottaway, Patrick Sands K&L Gates LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses.
Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk
There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former' employee for allegedly uploading more than 12,000 files, including 'confidential Pfizer documents' to a personal Google Drive account and to personal devices.
ITC Proceedings: An Alternative to Knock Out Knockoffs | JD Supra
With the rise and dominance of e-commerce and internet marketplaces as a sales channel, many U.S. manufacturers face growing competition from the importation of infringing, cheaper products online. Internet marketplaces have greatly lowered the barriers of entry for knockoff products and can quickly lead to lost sales for legitimate manufacturers. Many manufacturers are hesitant to spend the time and money associated with filing a lawsuit in federal court, but there is an alternative.
USPTO Guidance On PTAB Instituting Post-Grant Proceedings
On 21 June 2022, the United States Patent and Trademark office (USPTO) issued interim guidance on how the Patent Trial and Appeal Board (PTAB) should exercise its discretion when determining whether to institute a post-grant proceeding.
Fed. Circ. Highlights Gravity Of Patent Marking Compliance
Law360 (March 9, 2020, 2:37 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit’s decision in Arctic Cat Inc. v. Bombardier Recreational Products Inc.
Shifting Gears On The Presumption Of Nexus For Secondary Considerations Of Non-obviousness
Friday, January 3, 2020 The Federal Circuit’s decision last week in Fox Factory, Inc. v. SRAM, LLC provided clarity regarding the nexus requirement of secondary considerations of non-obviousness, particularly with respect to whether a patentee is entitled to a presumption of nexus.
Shifting Gears on the Presumption of Nexus for Secondary Considerations of Non-Obviousness | Lexology
The Federal Circuit’s decision last week in Fox Factory, Inc. v. SRAM, LLC provided clarity regarding the nexus requirement of secondary considerations of non-obviousness, particularly with respect to whether a patentee is entitled to a presumption of nexus.
A Win is a Win! | K&L Gates LLP - JDSupra
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 Saying More Gets You Less: The Federal Circuit Affirms That Superfluous Prosecution Arguments Can Limit Doctrine of Equivalents Infringement | 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.
Towards A Uniform Theory Of Patent Law: The Federal Circuit Declines To Create Design-Patent-Specific Rules For Exhaustion Or Repair
Friday, July 26, 2019 On Tuesday July 23, 2019, the Federal Circuit declined to fashion design-patent-specific doctrines of exhaustion or repair. Automotive Body Parts Ass’n v. Ford Global Techs., LLC, Case No. 2018-1613, slip op. at 2 (Fed. Cir. July 23, 2019). Instead, the court reemphasized that the same rules apply to utility patents and to design patents unless otherwise provided by law.
Towards a Uniform Theory of Patent Law: The Federal Circuit Declines to Create Design-Patent-Specific Rules for Exhaustion or Repair | 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.
Towards a Uniform Theory of Patent Law: The Federal Circuit Declines to Create Design-Patent Specific Rules for Exhaustion or Repair
Friday, July 26, 2019 On Tuesday July 23, 2019, the Federal Circuit declined to fashion design-patent-specific doctrines of exhaustion or repair. Automotive Body Parts Ass’n v. Ford Global Techs., LLC, Case No. 2018-1613, slip op. at 2 (Fed. Cir. July 23, 2019). Instead, the court reemphasized that the same rules apply to utility patents and to design patents unless otherwise provided by law.
Towards a Uniform Theory of Patent Law: The Federal Circuit Declines to Create Design-Patent-Specific Rules for Exhaustion or Repair | Lexology
On Tuesday July 23, 2019, the Federal Circuit declined to fashion design-patent-specific doctrines of exhaustion or repair. Automotive Body Parts Ass’n v. Ford Global Techs., LLC, Case No. 2018-1613, slip op. at 2 (Fed. Cir. July 23, 2019). Instead, the court reemphasized that the same rules apply to utility patents and to design patents unless otherwise provided by law.
Amgen v. Sandoz - New Developments in Biosimilars Litigation | 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.
Judge or Jury?: The Federal Circuit Holds that Patent Litigants Do Not Have a Seventh Amendment Right to a Jury Trial on Attorneys’ Fees
In AIA America, Inc. v. Avid Radiopharmaceuticals, the Federal Circuit considered whether the Seventh Amendment provides the right to a jury trial to determine entitlement to attorneys’ fees.[1] During the case on the merits, the defendant argued that the plaintiff lacked standing to assert the patents-in-suit because the inventor’s employer did not waive its ownership rights to the patents.[2] The Federal Circuit summarily affirmed that decision.
Coming Home?: Federal Circuit Asked to Immediately Weigh in on Proper Venue Post-TC Heartland
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
The Federal Circuit Affirms the Patent Trial and Appeal Board’s Invalidation of All Claims of a Gilenya® Patent
Torrent Pharmaceuticals (“Torrent”), Apotex Inc., and Mylan Pharmaceuticals filed two inter partes review (“IPR”) petitions in 2014 seeking review of all claims of U.S. Patent 8,324,283 (the “’283 patent”), which is related to Novartis AG’s Gilenya® product.[1] On April 12, 2017, the Federal Circuit affirmed the Final Written Decision of the Patent Trial and Appeal Board (“the Board”), which had found all claims unpatentable as obvious.[2] Background The ’283 patent, owned by Novartis AG and...
“Waive” That Issue Goodbye: The Importance of Preserving Arguments and Developing a Full Record
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Devon
Contact Devon, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack