Harness, Dickey & Pierce, PLC

Don’t Count on Avoiding a Redundancy Finding by Filing Multiple IPR Petitions

From the very outset of inter partes review proceedings, the Board has helped to manage its docket by rejecting challenge grounds in petitions that are redundant to other grounds in the petition. See Liberty Mutual Ins. Co. v…more
| Civil Procedure, Intellectual Property

A Defined Numerical Parameter Can Still Be Indefinite, If It’s Not Clear How to Measure It

In The Dow Chemical Co. v. Nova Chemicals Corporation (Canada), [2014-1431, 2014-1462] (August 28, 2015) the Federal Circuit applied the change of law exception to reject Dow’s bid for supplemental damages for infringements…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Avoid Saying Anything About the Prior Art Except How it Differs from the Claims

In Inline Plastics Corp. v. EasyPak, LLC, [2014-1305] August 27, 2015, the Federal Circuit vacated the district court’s claim construction of “frangible section” as being improperly limited to the preferred embodiment, and…more
| Civil Procedure, Intellectual Property

PTAB Finds Copyright Notice is Inadmissible Hearsay – Denies Petition for IPR

Different panels of the Patent Trial and Appeal Board have, for the most part, agreed with each other on many of the key issues that arise in inter partes review proceedings. There are, however, instances of disagreement and an…more
| Civil Procedure, Intellectual Property

First One Gets Away from Bass-Backed Group

Many in the pharmaceutical industry have been concerned about becoming a target of the Coalition for Affordable Drugs, the group backed by hedge fund manager Kyle Bass. But yesterday the first target of Bass’s strategy, Acorda…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Can an Attorneys’ Fee Award Include IPR Fees?

In Deep Sky Software, Inc., v. Southwest Airlines Co., 10-cv-1234-CAB (S.D. Cal. August 19, 2015), Southwest sought $359,733.17 in attorneys’ under fees under 35 U.S.C. § 285 after Deep Sky’s U.S. Patent No. 6,738,770 was found…more
| Civil Procedure, Intellectual Property

Board Dismisses Petition for Failure to Name All Real Parties-In-Interest

Patent Owners get frustrated when they believe a petition fails to identify all real parties-in-interest. This is understandable, given the difficulties in obtaining additional discovery on the issue. However, sometimes Patent…more
| Civil Procedure, Intellectual Property

No More Pussy-Footing Around: Consider Marks as a Whole in Light of Third-Party Uses

In Jack Wolfskin Aurrustung for Fraussen GmbH & Co. LGAA v. New Millennium Sports, S.L.U, [2014-1789] August 19, 2015, the Federal Circuit affirmed that New Millennium had not abandoned its mark by making changes to its…more
| Civil Procedure, Communications & Media Law, Intellectual Property

PTAB Generously Expands Page Limits in Patent Owner Response

The Board has earned a reputation for rigidly following the procedural rules for IPR proceedings, for good reason. Early on, the Board was likely concerned that an ad hoc web of decisions that granted relief from the variety of…more
| Civil Procedure, Intellectual Property

He Fought the Law, and the Law Won

The most remarkable thing about Hyatt v Lee, [2014-1596], (August 20, 2015), is that the plaintiff Mr. Hyatt has 400 pending patent applications that were filed before June 8, 1995. This means that any patent that issues on one…more
| Civil Procedure, Intellectual Property

USPTO Announces Second Set of IPR Changes

On August 19, 2015, USPTO Director, Michelle Lee, explained the anticipated, second set of proposed changes to be made to IPR proceedings as inter partes review approaches its 3rd birthday. The first set of changes was discussed…more
| Civil Procedure, Intellectual Property

PTAB Addresses Means-Plus-Function Claim in a Post-Williamson World

Like every en banc Federal Circuit decision, the Court’s decision in Williamson v. Citrix Online, LLC, No. 2013-1130 (Fed. Cir. June 16, 2015) (en banc) made big headlines. It is, therefore, worth reviewing one of the first PTAB…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Out of the Frying Pan, Into Disclaimer

In In re Louisiana Fish Fry Products, Inc., [2013-1619], (August 14, 2015), the Federal Circuit affirmed the TTAB’s decision affirming the refusal of registration of LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME!…more
| Civil Procedure, Communications & Media Law, Intellectual Property

PTAB in Reexamination Should Have At Least Acknowledged Prior Court Claim Construction

In Power Integrations, Inc. v. Lee, [2014-1123], (August 12, 2015), the Federal Circuit reversed the PTAB’s decision affirming the rejection of claims of U.S. Patent No. 6,249,876, in a reexamination proceeding. The Federal…more
| Civil Procedure, Intellectual Property

No Liability for Inducing Non-Infringement

In JVC Kenwood Corporation v. Nero, Inc., 2014-1011 (August 17, 2015), the Federal Circuit held that if what the end user is doing does not constitute infringement (because of standards essential patents licensed to the end…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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