Tag Archives: Prior

Interesting (and disappointing?) numbers from Washington after Gov promised to pardon thousands with prior marijuana convictions

As reported in this post last month, Washington Govornor Jay Inslee started 2019 by making much of his plans to pardon thousands of people convicted of marijuana possession charges. But this new local article, headlined "Inslee pardons 13 marijuana convictions, … Continue reading

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Did a mortgage creditor violate the discharge injunction by including in its proof of claim charges that had been discharged in debtor’s prior case?

Yes. An Ohio bankruptcy court ruled that the debtor’s mortgage creditor violated the discharge injunction by including in its proof of claim charges that had been discharged in the debtor’s prior Chapter 13 case.  In making its decision, the court … Continue reading

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Self-Harm: Company’s own 102(e) prior art Cancels the Patent

by Dennis Crouch Duncan Parking Techs., Inc. v. IPS Group, Inc. (Fed. Cir. 2019) andIPS Group, Inc. v. Duncan Solutions Inc. (Fed. Cir. 2019) This decision involves parallel appeals from (1) a district court siding with the accused infringer on … Continue reading

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Secret Sales Are Still Prior Art under the On-Sale Bar

In a short, unanimous opinion, the Supreme Court held that “secret sales” count as prior art under the on-sale bar. The Court, in the anticipated case Helsinn Healthcare v. Teva Pharmaceuticals, found that Helsinn’s agreement to sell the patented product … Continue reading

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Supreme Court: Secret Sales are Still Prior Art

by Dennis Crouch Helsinn Healthcare v. Teva Pharma USA (Supreme Court 2019) The Supreme Court has affirmed the Federal Circuit’s interpretation of the “on sale bar” — holding that “Congress did not alter the meaning of ‘on sale’ when it … Continue reading

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