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The Federal Circuit decision in Belcher Pharm. v. Hospira, Inc., 11 F.4th 1345 (Fed. Cir. 2021), confirms important details regarding the duty of candor and good faith when interacting with the United States Patent & Trademark Office (USPTO). For example, withholding information that is material to the patentability of a pending claim of a patent application during prosecution can cause a resultant patent to be found unenforceable. In view of the Belcher decision, the USPTO released a Notice on July 29, 2022 that provides additional guidance on the duty of candor and good faith. Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.
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WTF? The Board Weighs In on Failure to Function Refusals
By Christopher P. Bussert
Many trademark practitioners have noted the USPTO’s recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.
Criminal Considerations and Federal Authorities In Trade Secrets Disputes
By Jeffrey A. Pade and Anand B. Patel
Part Two of a Three-Part Series
Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.
By Jeff Ginsberg and George Soussou
Federal Circuit: No Patent Term Adjustments When Claims Change
Federal Circuit: Proceeding Need Not Be Terminated Upon Request
Criminal Considerations In Trade Secrets Disputes
By Jeffrey A. Pade and Anand B. Patel
Part One of a Three-Part Series
When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.
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