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Articles by Robert H. Sloss
[Webinar] Mission-Critical Infrastructure: Navigating Risk in Data Center Design and Construction - April 24th, 11:00 am - 12:00 pm PT | JD Supra
What are key legal strategies for managing risk in the fast-evolving world of data center development? In this informative webinar, you'll learn principles of risk allocation, the influence of emerging technologies, common risks in data center contracts, addressing risks through contract clauses, and mitigation strategies for success.
5 Takeaways from the U.S. Supreme Court Decision in Amgen v. Sanofi | JD Supra
The U.S. Supreme Court’s unanimous decision in Amgen Inc. v. Sanofi (referred to as the Amgen decision) likely makes it more difficult for life sciences companies to obtain broad patents claiming an entire genus of antibodies that perform a specified function.
[Webinar] Is Your Life Sciences Patent Enabled? - March 14th, 12:00 pm PT | JD Supra
U.S. Supreme Court Will Decide This Year In this year’s foray into patent law, the Supreme Court will decide whether Amgen’s patent that claims antibodies by functional antigen binding and does not disclose the full range of antibody sequences is invalid for not meeting the enablement requirements of Section 112(a).
What’s the Best Court For Your Patent Infringement Suit? The Answer May Have Just Changed | JD Supra
July 27, 2022 To embed, copy and paste the code into your website or blog: From the moment he first took the bench in the Waco Division of the United States District Court for the Western District of Texas four years ago, Judge Alan Albright made it known that he welcomed the filing of patent cases in his court. Plaintiffs’ lawyers quickly took him up on that offer.
District courts continue to issue thought-provoking decisions relating to enhanced damages in patent cases. Recently William Alsup of the Northern District of California weighed in on several issues. The focus of Judge Alsup’s order in Sonos, Inc. v. Google LLC, No. 3:21-cv-07559, 2022WL 799367 (N.D. Cal. March 16, 2022) was on pleading requirements for a claim of enhanced damages.
Can A Patent Owner Claim Enhanced Damages in the Absence of Willful Infringement? | JD Supra
The split among district courts as to whether the filing of a patent infringement complaint provides notice to a defendant of its infringing conduct sufficient to support a claim of willful infringement was the subject of a recent article of mine. It focused in part on a decision by Judge Connolly of the District of Delaware holding that notice based on the filing of a complaint cannot serve as the foundation for a willful infringement claim. ZapFraud, Inc. v.
The Continued Impact on Patent Prosecutors and Litigators of the Federal Circuit’s Expanded Treatment of Means Plus Function Claims | JD Supra
In a new precedential Federal Circuit decision, Kyocera Senco Industrial Tools Inc. v. ITC, that impacts both patent prosecutors and litigators, the court again demonstrated the reach of its recent expansion of language that might render claim language as a “means plus function” limitation.
Is Receipt of a Complaint Sufficient Notice For Claims of Indirect or Willful Infringement? | JD Supra
Forum shopping among patent owners pursuing claims for patent infringement is widespread. One factor a plaintiff may consider in selecting a forum arises out of a split among district courts that the Federal Circuit has yet to address on the question of sufficient notice for claims of indirect infringement and enhanced damages for willful infringement. Specifically, can the filing of a complaint serve as notice to the alleged infringer for claims of indirect or willful infringement?
ESG targets have never been more important for build to rent developers
This is a booming sector, but to win work you need to really show you are making the social and environmental impact that investors are demanding Build to rent took a quantum leap last year and became the UK’s fastest growing real estate sector. With the market’s increasing size, though, come growing pressures – not least investors’ stringent environmental social and governance (ESG) requirements.
Willful Patent Infringement: Understanding and Preparing for Claims | JD Supra
What standard do U.S. courts apply in deciding claims for willful patent infringement and enhanced damages? Learn tips on how to avoid such damages, as well as a summary of the critical SRI International v. Cisco Systems Federal Circuit case, from Procopio Silicon Valley IP attorneys Robert Sloss and Miku Mehta. Embed Press CTRL+C to copy embed code to clipboard
Where do Patent Owners Fit in the Current Federal Circuit-USPTO Patentability Divergence? | Lexology
Intending to bring more clarity and consistency to the patent examination process, the U.S. Patent and Trademark Office (USPTO) has been issuing new examiner guidelines over the last year focused on 35 USC 101. These include the so-called Berkheimer memo of April 19, 2018 (relating to step 2B analysis) and new subject matter eligibility guidelines announced on January 4, 2019 (relating to step 2A analysis).
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