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This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their procedures. Courts faced the task of balancing the safety all involved in the case, including court staff, witnesses and lawyers, with concerns over fairness and access to justice.
COVID-19 Procedures by Jurisdiction
District courts with significant patent dockets, such as the U.S. District Courts for the District of Delaware, Northern District of California, Eastern District of Texas and Western District of Texas, all issued COVID-19 governing procedures that followed three basic steps.
What is Supplemental Examination?
Supplemental examination (SE) gives patent owners a proactive
tool to have the USPTO consider, reconsider, or correct
information that the patent owner believes is relevant
to the patent. 35 U.S.C. § 257(a). The information
that may be submitted with a supplemental examination request is
not limited and includes any and all information that could be
relevant to an allegation of inequitable conduct or unclean
hands.
The benefit of supplemental examination is that any information considered, reconsidered, or corrected during a supplemental
examination of the patent cannot be the basis for a holding
of unenforceability. 35 U.S.C. § 257(c)(1). In other
Supplemental Examination Update Thursday, April 22, 2021
In previous posts, we have outlined the details of Supplemental Examination, a post-grant proceeding introduced by the America Invents Act (AIA):
What is Supplemental Examination?
Supplemental examination (SE) gives patent owners a proactive tool to have the USPTO “consider, reconsider, or correct information” that the patent owner believes is “relevant to the patent.” 35 U.S.C. § 257(a). The information that may be submitted with a supplemental examination request is not limited and includes any and all information that could be relevant to an allegation of inequitable conduct or unclean hands.
The benefit of supplemental examination is that any information “considered, reconsidered, or corrected during a supplemental examination of the patent” cannot be the basis for a holding of unenforceability. 35 U.S.C. § 257(c)(1). In other words, once a patent survives supplemental examination, any informa
Once again Energy Transfer (ET), via subsidiary Sunoco Partners Marketing & Terminals, is squabbling with the Pennsylvania Dept. of Environmental. Continue reading
Navigator Holdings embarks on its first carbon-neutral voyage January 20, 2021, by Jasmina Ovcina
Navigator Holdings Ltd, owner and operator of the world’s largest fleet of Handysize liquefied gas carriers, has launched the company’s first carbon-neutral voyage.
Specifically, Navigator Capricorn, a 20,550cbm semi-refrigerated gas carrier, loaded LPG for U.S. midstream company Sunoco Partners Marketing & Terminal L.P. on 18
th January 2021.
The voyage commenced at the Marcus Hook export terminal located in Pennsylvania, U.S., and will see cargo transported across the Atlantic to Morocco. In collaboration with the Norwegian climate and technology company CHOOOSE, Navigator has committed to offset 1,068 metric tonnes of CO2 by supporting a UN-verified renewable energy project.