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The Researching Paralegal

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The Researching Paralegal

Category Archives: U.S. Court of Appeals for the Federal Circuit

Interesting Analysis of Federal Patent Appeal

07 Saturday Jun 2014

Posted by Celia C. Elwell, RP in Appellate Law, Intellectual Property, Patent Law, U.S. Court of Appeals for the Federal Circuit, U.S. Courts of Appeal

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Administrative Patent Challenges, Consumer Watchdog, Dan Ravicher, Inter Partes Reexamination, Patent Act

Federal Circuit: In Order To Appeal USPTO Post-Grant Decision, Third Party Requestor Must Show “Injury In Fact” by Dennis Crouch, Patently-O Blog

http://patentlyo.com/patent/2014/06/circuit-decision-requestor.html

Consumer Watchdog v. WARF and USPTO (Fed. Cir. 2014)

The Patent Act provides for a variety of administrative review proceedings that can be filed by any third party wanting to challenge the validity of an issued patent. The statute also provides the third-party requester with a right to appeal any adverse judgment to the Court of Appeal for the Federal Circuit. Following these statutory guidelines, Consumer Watchdog requested review (inter partes reexamination) of WARF’s patents covering human embryonic stem cells. When the USPTO sided with WARF, Consumer Watchdog appealed. But Consumer Watchdog has a major problem with its appeal – standing. Consumer Watchdog is a public interest group who is not being directly impacted by WARFs patents other than the general indignity felt by all of us.

As the appeal was pending, the Supreme Court decided Already v. Nike and reminded courts that, under the Constitution, they only have power over actual cases and controversies. At Patently-O, we used that case as a springboard for questioning whether the statutory appellate authority was sufficient to satisfy the demands of the Constitution, and the Court immediately called for Consumer Watchdog and WARF to brief the question of standing. . . .

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Learning E-Filing and E-Docketing the Hard Way.

27 Thursday Mar 2014

Posted by Celia C. Elwell, RP in Appellate Law, Courts, E-Docketing, E-Filing, Federal District Court Rules, Technology, U.S. Court of Appeals for the Federal Circuit

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E-Discovery, E-Filing, E-Mail, E-Notices, Excusable Neglect, Federal Rule of Appellate Procedure, Good Cause, Jr., Richard B. Phillips, Scott P. Stolley, Texas Appellate Watch

A Painful Lesson in the Pitfalls of E-Filing and E-Docketing, by Scott P. Stolley and Richard B. Phillips, Jr., Texas Appellate Watch

http://tinyurl.com/ma6head

As mandatory e-filing (and the accompanying switch to e-service, e-dockets, and e-notices) spreads across Texas, we need to adopt new standard practices to ensure that we fulfill our duties to our clients. An appeal pending in the Federal Circuit provides a cautionary tale that should not be ignored. . . .

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The Meaning of “Intellectual Property”

23 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Intellectual Property, Patent Law, U.S. Court of Appeals for the Federal Circuit

≈ 1 Comment

Tags

Dennis Crouch, Intellectual Property, Patently-O Blog, Trade Secrets

The Meaning Of “Intellectual Property,” by Dennis Crouch’s Patently-O Blog

http://tinyurl.com/lcag5xs

Energy Recovery, Inc. v. Hauge (Fed. Cir. 2014) 13-1515.Opinion.3-18-2014.1– Panel: Rader, Reyna, and Wallach (author).

At the heart of this case lies the question of ‘what is intellectual property?’ Here, the answer has more than philosophical implications: a finding of contempt hinges on it.

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How Skillful Are You At Mediation?

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Alternative Dispute Resolution, Intellectual Property, Litigation, Mediation, U.S. Court of Appeals for the Federal Circuit

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Above the Law (blog), Alternative Dispute Resolution, Biglaw, Gaston Kroub, Intellectual Property, Litigation, Mediation, U.S. Court of Appeals for the Federal Circuit

Beyond Biglaw: Mediation Matters (Part 1), by Gaston Kroub, Above The Law Blog

http://tinyurl.com/kv9d9ag

Mediation. For some lawyers, it is a great way to spend a day; for others, it is an interminable bore, and ineffective to boot. It is easy to imagine that lawyers who have had successful mediation experiences are more likely to fall into the former category than the latter. What is more certain, however, is that mediation skills are increasingly important for a litigator to have, for a number of reasons. . . .

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Apple and Google Fighting Patent Trolls In the U.S. Supreme Court.

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Apple, Google, Intellectual Property, Legal Technology, Patent Law, U.S. Court of Appeals for the Federal Circuit, United States Supreme Court

≈ Comments Off on Apple and Google Fighting Patent Trolls In the U.S. Supreme Court.

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Allcare Health Management Systems, Apple, BloombergBusinessweek, Charlene Morrow, Cisco Systems, Facebook, Google, Greg Stohr, Intel, Octane Fitness, Patent Freedom, Patent Infringement, Patent Trolls, Silicon Valley, Susan Decker, U.S. Court of Appeals for the Federal Circuit, U.S. Supreme Court, Verizon, Yahoo

The Supreme Court Takes on Patent Trolls, by Greg Stohr and Susan Decker, Technology, BloombergBusinessweek

http://tinyurl.com/mav2rc4

Apple (AAPL) and Google (GOOG) say they’re tired of being slapped with baseless patent suits that cost them millions in legal fees. Now they’re asking the U.S. Supreme Court to let them hit back. The two are leading a group of companies urging the court to make it easier for businesses to recover legal costs when they win a patent infringement suit. In two cases to be argued this month, the justices will hear them out.

More than 100,000 businesses were threatened in 2012 by ‘patent assertion entities.’ Often derided as patent trolls, these companies get most of their revenue from licensing patents and from suing other companies for infringement. They filed 19 percent of all patent lawsuits from 2007 to 2011, according to the Government Accountability Office. . . .

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