Insights

On January 5, 2023, President Biden signed into law the Protecting American Intellectual Property Act, a new bill aimed at imposing sanctions on foreign individuals and entities involved in the theft of trade secrets belonging to a U.S. individual or entity. The law provides a new mechanism for the U.S., and potentially U.S. companies, to combat theft of trade secrets committed by foreign entities or individuals.

On February 24, President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 (TFTE), a major customs and international trade bill designed to modernize U.S. Customs and Border Protection (CBP) procedures, promote trade facilitation, prioritize certain trade issues, and strengthen enforcement of U.S. international trade laws.

In In re Garner (No. 2007-1221; Interference No. 105,455; December 5, 2007), the Federal Circuit affirms the decision of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences (“Board”), ruling against applicant Garner in a patent interference. Garner attempted to provoke an interference by copying claims from a patent issued to Quate and Stern (“Quate patent”). As the Quate patent had an earlier effective filing date than the Garner application, Garner, as the junior party, had the burden of establishing prior invention under 37 C.F.R. § 41.202(d)(1) (“Board Rule 202(d)(1)”). The Board found Garner’s initial filing insufficient to establish a prima facie showing of priority and issued a show-cause order under Board Rule 202(d)(2). In response to the show-cause order, Garner submitted several pieces of evidence, including the specification of his provisional application and the specification of his utility application. The Board rejected Garner’s submission, ruling that he had presented “new evidence” without the necessary showing of good cause.

This article heralds an exciting win for the Washington-D.C. based members of Crowell & Moring's Intellectual Property Group. A Virginia federal jury awarded the firm's client, LifeNet, nearly $35 million in damages for LifeCell Corp.'s infringement of a patent improving the preservation of bone and soft-tissue grafts, rejecting LifeCell's invalidity defenses. News of this victory was also highlighted in "Law360's Weekly Verdict: Legal Lions & Lambs," found here.

These changes included the creation of the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO).

Please join us for the 2018 Inova Discovery Series: Early Stage Investing in Health Technology Event on Thursday, June 21, 2018.

Crowell & Moring and ISUS IP are embarking on a new partnership to provide unique offerings to clients.