Nitin Gambhir

Nitin Gambhir

McDermott Will & Emery

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The Smart Phone Patent Saga Continues - Apple Inc. v. Samsung Electronics Co., Ltd., et al.

In a case involving suits, countersuits and multiple appeals by the two giants of the mobile phone space, the US Court of Appeals for the Federal Circuit reversed a jury’s finding of infringement, voiding the accompanying...more

4/7/2016 - Apple Apple v Samsung Design Patent Patent Infringement Samsung Smartphones Utility Patents

Settle with All Stakeholders Before Trying to Terminate an IPR - Qualcomm Inc. v. Bandspeed, Inc.

In a case where the patent owner settled out of an IPR proceeding with the petitioners but not with a party seeking joinder, the Patent Trial and Appeal Board (PTAB or Board) instituted inter partes review of all the...more

1/5/2016 - Inter Partes Review Proceedings Joinder Patent Ownership Patent Trial and Appeal Board Patents Qualcomm Settlement

Starbucks Brews Successful CBMs - Starbucks Corp. v. Ameranth, Inc.

Addressing patent eligibility for a covered business method (CBM) review under Section 18 of the America Invents Act (AIA), the Patent Trial and Appeal Board (PTAB, the Board) found the patents-at-issue to be eligible and...more

11/6/2015 - America Invents Act Covered Business Method Proceedings Obviousness Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Prior Art Starbucks

Dismissal Without Prejudice Does Not Trigger IPR Statutory Bar - Microsoft Corporation v. Parallel Networks Licensing, LLC

Addressing the standard for the 35 U.S.C. §§ 315(a)(1) and (b) statutory bars to filing an inter partes review (IPR) petition, the Patent Trial and Appeal Board (PTAB or Board) concluded that, notwithstanding by the...more

9/9/2015 - Declaratory Judgments Inter Partes Review Proceedings Microsoft Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Alice Strikes Again! - Internet Patents Corp. v. Active Networks, Inc.

Addressing the issue of patent eligibility under § 101, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s dismissal of a complaint on the grounds that the asserted patent, directed to web browser...more

8/4/2015 - CLS Bank v Alice Corp Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Prior Art

Mere Receipt of a Copy of the Complaint Does Not Invoke the One-Year Bar Rule - Petroleum Geo-Services, Inc. v. Westerngeco LLC

Addressing the meaning of “defendant” for purpose of the one-year bar rule, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) explained that being served with a third party subpoena in...more

5/19/2015 - Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Statute of Limitations USPTO

What Constitutes a Covered Business Method Patent? - Groupon Inc. v. Blue Calypso Inc.

The U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) provided guidance as to what constitutes a patent subject to covered business method (CBM) review and what are “technological...more

2/16/2015 - Advertising America Invents Act Covered Business Method Patents Mobile Devices Patent Litigation Patents Popular Standing USPTO

Same Prior Art May Be Considered Differently in Connection with Different Petitions

In re Petition for Inter Partes Review by Mitsubishi Plastics, Inc. - In a request for a rehearing of an earlier decision denying institution of inter partes review, the Patent Trial and Appeal Board (PTAB or Board)...more

1/13/2015 - Inter Partes Review Proceedings Mitsubishi Patent Trial and Appeal Board Patents Prior Art

Claim Construction Clarified, Not Changed, Post-Verdict

Mformation Technologies v. Research In Motion - Addressing whether a district court’s post-verdict ruling on judgment as a matter of law (JMOL) constituted an improper change in claim construction, the U.S. Court of...more

10/13/2014 - Claim Construction JMOL Patent Litigation Patents

Characterization as “Essential Element” Amounts to a Disavowal of Scope

X2Y Attenuators, LLC v. International Trade Commission - Addressing the impact of an alleged disclaimer made in a patent on which asserted patents relied for priority, the U.S. Court of Appeals for the Federal Circuit...more

8/29/2014 - Appeals ITC Patent Litigation Patents

IP Update, Vol. 16, No. 8, August 2013

President Disapproves ITC Exclusion Order - For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the...more

8/29/2013 - Copyright Exclusion Orders ITC Mobile Devices Patents Trademarks

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