Michael Newman

Mintz Levin

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In McRO, Federal Circuit Provides Further Guidance on Section 101

Two years after the Central District of California invalidated two 3-D animation patents under Section 101, the Federal Circuit reversed that court’s decision, finding that the lower court oversimplified the claims of a...more

9/22/2016 - Abstract Ideas CLS Bank v Alice Corp Computer-Related Inventions Patent-Eligible Subject Matter Patents Section 101 Software Patents

Markman at the ITC and Its Effect on an Investigation

Several months ago, we were struck with the question of whether, as counsel for a patent owner at the ITC, our clients’ case would benefit from a Markman hearing. Claim construction during an ITC investigation was routinely...more

9/20/2016 - ALJ Claim Construction ITC Markman Hearing Patent Ownership Patents

Federal Circuit: Go whole-hog on validity below if you want to contest an independent determination of invalidity on appeal

Think you’ve won on validity at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and your claims are safe on appeal? “Not so fast,” says the Federal Circuit in Software Rights Archive, LLC v....more

9/16/2016 - Facebook Inter Partes Review (IPR) Proceeding Obviousness Patent Trial and Appeal Board Patent Validity Patents Prior Art Software Patents USPTO

Judge Gilstrap awards Section 285 fees where Plaintiff’s Section 101 positions cross the “threshold of exceptionality.”

On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas (EDTX) ruled that, in light of Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014) (“Alice”), a plaintiff’s position on...more

1/8/2016 - Attorney's Fees CLS Bank v Alice Corp Covered Business Method Patents Exceptional Case Octane Fitness v. ICON Patent Litigation Patent-Eligible Subject Matter Patent-in-Suit Patents Section 101 Software Patents Totality of Circumstances Test

Review of 2015 Federal Circuit Decisions Addressing IPR Claim Construction and Procedural Issues

2015 was a busy year for post-grant review appeals at the Federal Circuit and produced notable opinions in the areas of claim construction, IPR procedural issues, and the constitutionality of IPRs in general. In 2015, the...more

12/30/2015 - Article III Claim Construction Corporate Counsel Covered Business Method Proceedings Hewlett-Packard Inter Partes Review (IPR) Proceeding Microsoft Patent Litigation Seventh Amendment Versata

Smartphone Wars – The Supreme Court Awakens: Samsung Files Petition for Certiorari in New Hope to Harmonize Design Patent Law

On December 14, 2015, in the latest episode of the smartphone wars, Samsung filed a petition for certiorari with the Supreme Court. Samsung is appealing a Federal Circuit decision that upheld a $399 million judgment against...more

12/18/2015 - Apple v Samsung Damages Design Patent Disgorgement Patent Infringement Petition for Writ of Certiorari Popular Samsung SCOTUS Smartphones

Mintz Levin Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First...

Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more

12/10/2015 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review (IPR) Proceeding Patent Trial and Appeal Board Remand Reversal

Mintz Levin Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First...

Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more

11/30/2015 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review (IPR) Proceeding Patent Trial and Appeal Board Plain Meaning Reversal

Federal Circuit Affirms ITC Jurisdiction for Non-Practicing Entities

On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n...more

2/1/2013 - ITC Jurisdiction License Agreements Nokia Non-Practicing Entities Patent-in-Suit Patents Section 337

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