News & Analysis as of

Mootness Noninfringement

McDermott Will & Emery

Failing to Address All Reasons for Noninfringement Renders Appeal Moot

McDermott Will & Emery on

In deciding whether the district court correctly interpreted various claim terms in four patents related to communication techniques used in computer gaming technology, the US Court of Appeals for the Federal Circuit found...more

Goodwin

Issue 33: PTAB Trial Tracker

Goodwin on

QUESTIONS REGARDING THE APPLICATION OF THE FINTIV FACTORS REMAIN - The Board has increasingly exercised its discretion to deny petitions in recent months, mainly due to the application of the Fintiv factors due to parallel...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - January 2021: Patent Owner's District Court Disavowal Moots Petitioner's PTAB-Based CAFC Appeal...

In ABS Global, Inc. v Cytonome/ST, LLC, the Federal Circuit dismissed a Petitioner’s appeal from a U.S. Patent Trial and Appeal Board (“PTAB”) final written decision when it determined that a Patent Owner’s voluntary...more

McDermott Will & Emery

Patent Owner's Disavowal of Appeal from District Court’s Noninfringement Judgement Moots IPR Appeal

McDermott Will & Emery on

Addressing the standard for mootness in inter partes review (IPR) proceedings following a district court noninfringement judgment, the US Court of Appeals for the Federal Circuit held that a petitioner’s IPR appeal was moot...more

Knobbe Martens

Controlling Your Own Destiny: Patent Owner Unilaterally Moots Appeal to Preserve Favorable PTAB Determination

Knobbe Martens on

ABS GLOBAL, INC. V. CYTONOME/ST, LLC - Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner may moot a petitioner’s appeal of an IPR final written decision of no...more

McDonnell Boehnen Hulbert & Berghoff LLP

Serta Simmons Bedding, LLC v. Casper Sleep Inc. (Fed. Cir. 2020)

Last month, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit vacated a decision by the U.S. District Court for the Southern District of New York granting summary judgment of non-infringement to...more

Morris James LLP

Summary Judgment Rulings Issue Regarding Image Sensor Technology

Morris James LLP on

Andrews, J. Defendant Micron’s motion for summary judgment of non-infringement is granted in part and denied in part; for invalidity is denied; for no indirect infringement is granted in part and denied in part. Plaintiffs’...more

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