Year: 2024
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USPTO Withdraws Proposed Rulemaking on Terminal Disclaimers
The United States Patent and Trademark Office (USPTO) has officially decided to halt its proposed changes to terminal disclaimer practice, a decision set to be published in the Federal Register on December 4, 2024. This move has been met with relief by many in the patent community due to the significant alterations the rulemaking would…
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Federal Circuit Weighs in on Exceptional Case Determinations in Realtime Adaptive Streaming v. Sling TV and Dish
A recent Federal Circuit decision provided some additional insight into exceptional case determinations in patent infringement disputes. In Realtime Adaptive Streaming v. Sling TV, the Federal Circuit reviewed an award of attorneys’ fees granted to DISH and related Sling entities (collectively, DISH) by the United States District Court for the District of Colorado. Realtime Adaptive…
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To Limit or Not To Limit, That is the Question
It’s 2024, but patent attorneys and judges still can’t agree whether a preamble is limiting to determine potential patent infringement. One recent district court case tees up this issue in style. District court Chief Judge Colm F. Connolly was presented the issue of whether the preamble “a vaccine” was limiting or not in Alnylam Pharmaceuticals…