ARE Patent Law Alert: Patent Trial and Appeal Board Rule Changes
On Tuesday, May 19, 2015, the U.S. Patent and Trademark Office amended the rules of practice before the Patent Trial and Appeal Board (PTAB). These rules clarify and correct many of the procedural aspects of the inter partes review, post-grant review, transitional program for business method patents, and derivation proceedings governed by the 2011 Leahy-Smith […]
US Supreme Court Rewrites Standard For Claim Indefiniteness Analysis
Nautilus, Inc v Biosig Instruments, Inc, No 13-369, 574 US __, 2 June 2014 Abstract On 2 June 2014, the US Supreme Court unanimously overturned the long-standing jurisprudence of the US Court of Appeals for the Federal Circuit regarding the standard for evaluating a patent claim’s definiteness under 35 USC §112, ¶2, and established a […]
ARE Patent Law Alert: International Trade Commission ALJ Finds No Standing For Non-Practicing Entity With Only Revenue Driven License Agreements
In a recent Initial Determination, an administrative law judge (“ALJ”) of the International Trade Commission held that a non-practicing entity did not meet the domestic industry requirement necessary to maintain an ITC proceeding where its business model revolves solely around licensing of its patents for revenue. In the Matter of Certain Optical Disc Drives, Components […]
ARE Patent Law Alert: Supreme Court Rejects “Insolubly Ambiguous†Standard For Claim Indefiniteness Analysis
On June 2, 2014, the U.S. Supreme Court unanimously rejected the Federal Circuit’s “insolubly ambiguous” standard in evaluating a patent claim’s definiteness under 35 U.S.C. § 112, ¶ 2. Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, 574 U.S. __ (June 2, 2014). The Supreme Court criticized this formulation because it “can breed lower court […]
ARE Patent Law Alert: Victory for Firm’s IPR Team
Amster, Rothstein & Ebenstein, LLP attorneys scored another big win for First Quality Baby Products, LLC in an inter partes review (“IPR”) proceeding brought against Kimberly-Clark Worldwide, Inc.’s U.S. Patent No. 8,579,876 B2 (“the ‘876 Patent”). The challenged patent relates to folding of training pant side panels for packaging. On May 28, 2015, the Patent […]
In The Press: US Corporate IP Counsel Hear Latest Updates On Patent System
Intelectual Property Watch talks with Partner Charles Macedo. Read the full article here: US Corporate IP Counsel Hear Latest Updates On Patent System – Intellectual Property Watch
ARE Patent Litigation Alert:Eastern District of Texas Adopts An Optional Track B Case Management Procedure
Chief Judge Davis of the United States District Court for the Eastern District of Texas (“EDTX”) has issued General Order 14-3, which creates an optional “Track B” case management schedule to expedite patent infringement litigation. Track B is an alternative to “Track A,” the procedure established by the EDTX Patent Local Rules. This development is […]
ARElaw Patent and Litigation Alert: Federal Circuit Reviews PTAB’s First CBM Final Written Decision and Affirms
(July 13, 2015). In Versata Development Group, Inc. v. SAP America, Inc., No. 2014-1194, Slip op. (Fed. Cir. July 9, 2015), the U.S. Court of Appeals for the Federal Circuit issued a decision reviewing the first final written decision by the Patent Trial and Appeal Board ("PTAB") in a covered business method ("CBM") patent case […]
Brief of New York Intellectual Property Law Association as Amicus Curiae in Support of Neither Party, Alice Corporation PTY. LTD., v. CLS Bank International, et al., (U.S. Jan. 29, 2014)
Click to download PDF: "Brief of New York Intellectual Property Law Association as Amicus Curiae in Support of Neither Party, Alice Corporation PTY. LTD., v. CLS Bank International, et al., (U.S. Jan. 29, 2014)"
In The Press: U.S. and Israeli IP law firms team up for live webinar for Israeli tech start-ups on December 18
(Guest post by Michael Kasdan, a former IP attorney at AR&E in New York City) The New York-based law firm of Amster, Rothstein & Ebenstein LLP (“AR&E”) has joined with the Israeli Soroker-Agmon firm to offer a series of presentations and webinars for start-ups and early-stage companies on cutting-edge topics concerning intellectual property protection and […]