Mike Baldwin

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Michael J. Baldwin focuses his practice on intellectual property litigation matters. Read Mike Baldwin's full bio. 

The Board Is Back in Town: Arthrex Can’t Save Untimely Motions to Terminate


By on Sep 29, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) unpatentability finding and denial of a motion to terminate, finding that the Board had already issued final written decisions that were not vacated at the time the Board denied the parties’ motion to terminate. Polaris Innovations Ltd. v....

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PTO Can and Should Use Alice/Mayo Framework to Assess Eligibility


By on Sep 1, 2022
Posted In Patents

Addressing a challenge of the Alice/Mayo framework in the context of the Administrative Procedure Act (APA) and the Fifth Amendment’s due process clause, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision finding that patent claims directed to analyzing social security benefit applications were patent ineligible...

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Stormy Weather Ahead: Lack of Causation Evidence Rains Out Appeal


By on Jul 14, 2022
Posted In Trade Secrets

The US Court of Appeals for the Tenth Circuit found that a trade secret owner lacked “non-speculative and sufficiently probative evidence of a causal nexus between Defendants’ alleged bad acts and [the trade secret owner’s] asserted damages,” and upheld a lower court’s summary judgment ruling for defendants. GeoMetWatch Corp. v. Hall, et. al, Case No....

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Claim Construction and Jurisdictional Discovery Are More Than Skin Deep


By on Jun 23, 2022
Posted In Patents

Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied on that construction. University of Massachusetts v. L’Oréal S.A., Case No. 21-1969 (Fed. Cir. June 13, 2022) (Prost, Mayer, Taranto, JJ.)...

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Federal Circuit Clarifies Venue in Hatch-Waxman Case


By on Nov 18, 2021
Posted In Patents

Addressing venue in the context of a Hatch-Waxman case, the US Court of Appeals for the Federal Circuit explained that sending a paragraph IV notice letter to a company in the district is insufficient to establish venue. Celgene Corp. v. Mylan Pharmaceuticals Inc., Case No. 21-1154 (Fed. Cir. Nov. 5, 2021) (Prost, J.) The Court...

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