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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 | 4 min read | 08.14.26

License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations

On August 12, 2026, the White House released a National Security Presidential Memorandum (NSPM) making a seismic shift in U.S. cybersecurity policy and establishing a framework to authorize private-sector companies to conduct offensive cyber operations — historically strictly prohibited by federal law — against foreign Cyber-Enabled Transnational Criminal Organizations (CE-TCO). It builds on an executive order issued in March 2026 that directed federal agencies to develop plans to combat cybercrimes against Americans....