Bryan Wheelock

Bryan Wheelock

Harness, Dickey & Pierce, PLC

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Venue for Patent Infringement Cases is Well Established; a Corporate Defendant can be Sued Wherever it Can be Found

In In re TLC Heartland LLC, [2016-0105] (April 29, 2016), the Federal Circuit denied Heartland petition for mandamus directing the District of Delaware to either dismiss or transfer the patent infringement suit brought by...more

5/3/2016 - Kraft Mandamus Petitions Patent Infringement Patent Litigation Personal Jurisdiction Venue

An Illuminating Discussion About Design Patents

Design patents protect the aesthetic appearance of a product or portion of the product. The aesthetic appearance is affected by a number of things, including whether the product is illuminated. However, how does one capture...more

5/3/2016 - Aesthetic Functionality Design Patent Patent Applications Patents Popular USPTO Written Descriptions

Principles of Equity: Denying Inventors their Constitutionally Promised Exclusivity

Article I, Section 8, Clause 8 of the United States Constitution, empowers the United States Congress: - ..To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the...more

5/2/2016 - Confidentiality Agreements Exclusivity Irreparable Harm Patent Infringement Patent Litigation Patent Ownership Patent Royalties Permanent Injunctions Trade Secrets Willful Infringement

An Infringement, Divided, May Stand After All

In Mankes v. Vivid Seats Ltd., [2015-1500, 2015-1501, 2015-1909] (April 22, 2016), the Federal Circuit vacated judgment on the pleadings against Mankes, and remanded for further proceedings in light of Akamai IV. The...more

4/25/2016 - Limelight v Akamai Noninfringement Patent Infringement Patent Litigation Remand SCOTUS Vacated

It’s Not the Broadest Reasonable Interpretation, but the Broadest Reasonable Interpretation in Light of the Specification

In In re Man Machine Interface Tech. LLC, [2015-1562] (April 19, 2016), the Federal Circuit affirmed-in-part, reversed-in-part, vacated-in-part, and remanded the PTAB’s affirmance of the rejection of claims of U.S. Patent No....more

4/25/2016 - Anticipation Broadest Reasonable Interpretation Standard Claim Construction Ex Partes Reexamination Patent Litigation Patent Trial and Appeal Board Prior Art Reversal Written Descriptions

It is Error to Ignore Functional Structures Entirely in a Design Patent Construction

In Sport Dimension, Inc. v. The Coleman Company, [2015-1553] (April 19. 2016) the Federal Circuit vacated the stipulated judgment of non-infringement of U.S. Patent No. D623,714 on a personal flotation device, and remanded...more

4/21/2016 - Claim Construction Design Patent Functionality Noninfringement Patent Litigation Remand Stipulated Judgment Vacated

Discoveries Are Not Patentable.

In Genetic Technologies Limited v. Merial LLC. [2015-1202, -1203] (April 8, 2016) the Federal Circuit affirmed the district court dismissal for failure to state a claim and entry of final judgment that claims 1–25 and 33–36...more

4/11/2016 - CLS Bank v Alice Corp Dismissals DNA Failure To State A Claim Federal Rule 12(b)(6) Genetic Technologies Ltd. Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Popular SCOTUS

An Animated Review of Design Patents

Design patents protect the appearance of articles of manufacture, and this includes articles of manufacture whose appearance changes over time. In particular, animated displays on computers and other electronic devices can...more

4/9/2016 - Animation Design Patent Manufacturers Patent Applications Patent Litigation Patents

Iconography

It is pretty well known that icons can be protected with design patents, however we continue to adhere to the fiction that it is not the icon we are protecting, but the substrate decorated with the icon that we are...more

4/9/2016 - Design Patent Patent Applications Patent Litigation Patents

Invalidity Determination Would Not Apply to Reexamination Claims That Did not Exist at Time of Judgment

In Cardpool, Inc. v. Plastic Jungle, Inc., [2014-1562] (April 5, 2016) the Federal Circuit affirmed the district court’s denial of vacatur, because the denial was within the district court’s discretion and also because the...more

4/8/2016 - Abuse of Discretion Appeals Ex Partes Reexamination Patent Infringement Patent Invalidity Patent Litigation Res Judicata Vacatur

Equitable Estoppel Stops NPE From Asserting Patents that its Assignor Failed to Assert

In High Point SARL v. Sprint Nextel Corporation, [2015-1298] (April 5, 2016), the Federal Circuit affirmed summary judgment that equitable estoppel and laches preclude prosecution of High Point’s claims for infringement of...more

4/8/2016 - Equitable Estoppel IP Assignment Agreements Laches Non-Practicing Entities Patent Infringement Patent Litigation Sprint Summary Judgment

BRI Should Not Depart from What the Claim Language and Specification so Clearly Mean

In Pride Mobility Products Corporation v, Permobil, Inc., [2015-1585, -1586] (April 5, 2016), the Federal Circuit reversed the PTAB’s construction and cancellation of claim 7, but affirmed cancellation of all the other claims...more

4/7/2016 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Prior Art Reversal

We’ll Say it Again: Redundancy is not Reviewable

In HP Inc., v. MPHJ Technology Investments, LLC, [2015-1427] (April 5, 2016) the Federal Circuit affirmed the PTAB Final Written Decision in IPR2013-00309, agreeing that all but one challenged claim (claim 13) of U.S. Patent...more

4/7/2016 - Estoppel Inter Partes Review Proceedings Judicial Review Patent Litigation Patent Trial and Appeal Board

A Plea for a Charitable and Common-Sensical Claim Construction

All manner of boiler plate can be found in patent applications and issued patents, placed there by applicants and their counsel hoping to influence the future construction of their specification and claims, but the language...more

4/7/2016 - Boilerplate Language Claim Construction Inventors Patent Applications Patents World Intellectual Property Organisation

If You Want to Contest Jurisdiction, Don’t File a Counterclaim

In Microsoft Corporation v, GeoTag, Inc., [2015-1140] (April 1, 2016), the Federal Circuit affirmed the district court’s exercise of jurisdiction (although on different grounds) and affirmed summary judgment of...more

4/6/2016 - Corporate Counsel Counterclaims Google Microsoft Noninfringement Patent Infringement Patent Litigation Subject Matter Jurisdiction Summary Judgment Young Lawyers

Preference for Giving Each Claim Term Effect Does Not Overcome Meaning Apparent from the Specification

In Simpleair, Inc. v. Sony Ericsson Mobile Communications AB, [2015-1251] (April 1, 2016), the Federal Circuit vacated the jury verdict of infringement, and remanded with instructions to enter judgment of non-infringement. ...more

4/5/2016 - Claim Construction Ericsson Google Noninfringement Patent Infringement Patent Litigation Remand Sony Vacated

Assignor Estoppel is Still A Thing

In Mag Aerospace Industries, Inc. v, B/E Aerospace, Inc., [2015-1370, 1426] (March 23, 2016), the Federal Circuit affirmed summary judgment of non-infringement, and the district court’s ruling that the doctrine of assignor...more

3/30/2016 - Assignor Estoppel Noninfringement Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Privity of Contract Summary Judgment

Estoppel Does Not Apply to Uninstituted Grounds

In Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., [2015-1116, -1119] (March 23, 2016), the Federal Circuit affirmed in part, vacated-in-part, and remanded the USPTO’s final written decision regarding claims...more

3/30/2016 - Estoppel Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Remand USPTO Vacated

Sometimes the Application of a New Technology is Obvious from the New Technology itself

In In re Cree, [2015-1365] (March 21, 2016), the Federal Circuit affirmed the decision of the PTAB in an ex parte reexamination that the claims directed to the production of white light through the “down-conversion” of blue...more

3/28/2016 - Ex Partes Reexamination Obviousness Patent Litigation Patent Trial and Appeal Board Prior Art

While a Nice Place, Canada is not the Best Place to Litigate U.S. IP

In Halo Creative & Design Limited v. Comptoir des Indes Inc., [2015-1375] (March 14, 2016), the Federal Circuit reversed the Northern District of Illinois’ dismissal of Halo’s complaint for copyright, trademark and U.S....more

3/28/2016 - Appeals Canada Copyright Infringement Design Patent Dismissals Forum Non Conveniens Intellectual Property Litigation Patent Infringement Reversal Trademark Infringement

Know When to Fold ‘Em — Games are Unpatentable Abstract Ideas

In In re Smith, [2015-1664] (March 10, 2016) the Federal Circuit affirmed the rejection of claims in Smiths’ application for claiming patent-ineligible subject matter under 35 U.S.C. § 101, because the claims cover only the...more

3/25/2016 - Abstract Ideas CLS Bank v Alice Corp Games Inventive Concept Test Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter SCOTUS

If You Can’t Say Something Nice . . .

In Bamberg v. Dalvey, [2015-1548] (March 9, 2016), the Federal Circuit affirmed the PTAB’s decision in an appeal from a consolidated interference proceeding refusing to allow the claims of four patent applications because the...more

3/24/2016 - Disclaimers Interference Proceeding Patent Litigation Patent Trial and Appeal Board Prior Art Scope of the Claim Written Descriptions

ANDA Filings Create Personal Jurisdiction Everywhere

In Acorda Therapeutics, Inc. v, Mylan Pharmaceutical Inc., [2015-1460) (March 18, 2016), the Federal Circuit affirmed that Mylan was subject to specific personal jurisdiction in the District of Delaware, The Federal Circuit...more

3/24/2016 - ANDA Due Process Long Arm Statute Minimum Contacts Mylan Pharmaceuticals Patent Infringement Patent Litigation Personal Jurisdiction Pharmaceutical Patents Specific Jurisdiction

Look at the Context, Sometimes “A” means “A”

In In re Varma, [2015-1502, -1667] (March 10, 2016) the Federal Circuit reversed the PTAB’s cancellation of claims of U.S. Patent No. 6,349,291 in two inter partes reexamination proceedings. in one of the proceedings, the...more

3/23/2016 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Reexamination Patent Litigation Patent Trial and Appeal Board Remand Reversal

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