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"Improper Revival" Not A Cognizable Defense In An Action Involving The Validity Or Infringement Of A Patent

Client Alert | less than 1 min read | 09.24.08

In Aristocrat Technologies Australia PTY Ltd. v. International Game Tech. (No. 2008-1016; Sept. 22, 2008), the Federal Circuit reverses a district court's grant of summary judgment that U.S. Patent No. 7,056,215 ("the '215 patent"), and the continuation patent that followed it, are invalid on the grounds that the U.S. Patent and Trademark Office "improperly revived" the '215 patent after it was abandoned during prosecution. The Federal Circuit holds that "improper revival" is not a cognizable defense in an action involving the validity or infringement of a patent, reasoning that the proper revival of an abandoned application is not a defense recognized by the patent statute nor is it a ground specified in the patent statute as a condition for patentability.

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Client Alert | 2 min read | 03.23.26

ACTS Survey Compliance Deadline Temporarily Extended: What Higher Education Institutions Need to Know

On March 13, a Massachusetts federal district court temporarily blocked the Trump Administration from requiring higher education institutions to respond to the Admissions and Consumer Transparency Supplement (“ACTS”) survey — a new data collection effort mandating that institutions disclose detailed admissions information regarding students’ race and sex to the federal government. In Commonwealth of Massachusetts v. Department of Education, 1:26-cv-11229 (D. Mass.), the court extended the deadline for institutions to respond to the survey from March 18th to March 25th to allow time to consider the case....