The Goal-Line Call In IP Strategy: Patent Or Trade Secret?

As the Seattle Seahawks and the New England Patriots meet again on football's biggest stage, the rematch inevitably pulls everyone back to one moment. Different rosters. Different seasons. Same unresolved question. With a championship on the line, memories of the one-yard line come rushing back, not because the teams are the same, but because the decision still divides fans, analysts, and armchair quarterbacks. As a brief recap (apologies to Seattle fans for reopening old [...]

The Federal Circuit Rejects Importing Language From Provisional And Related Patent Into FMC’s Asserted Claims

This case addresses two primary issues (i) whether the district court erred in construing the claim term "composition" in FMC's pesticide patents to mean only "stable compositions," based on disclosures found in a provisional application and a related patent, even though the asserted patents contained no stability language and (ii) whether the district court misapplied the preliminary injunction standard in rejecting Sharda's anticipation and obviousness defenses. Background FMC Corporation ("FMC") owns U.S. Patent Nos. [...]

A New Era For Patent Review

The U.S. Patent and Trademark Office has entered a new chapter that could reshape how American inventors protect their ideas. In October, USPTO Director John Squires reclaimed direct authority over decisions to insti tute patent review proceedings, including inter partes reviews. (Editor's note: IPRs allow a third party to challenge the validity of one or more claims in an issued patent before the Patent Trial and Appeal Board.) For the first time in more than [...]
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