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WilmerHale

Federal Circuit Patent Watch: Prosecuting Attorney’s Knowledge of Abandonment Does Not Mean Patentee's Abandonment is Intentional

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  FRESHUB, INC. v. AMAZON.COM, INC. [OPINION] (2022-1391, 2/26/2024) (Reyna, Taranto, and Chen) - Taranto, J. The Court affirmed the District Court’s decision 1)...more

BakerHostetler

Are Your Granted Patents in Danger of a Post-Grant Double Patenting Challenge? Time To Update Your Playbook in the Wake of In re...

BakerHostetler on

Here’s a familiar scenario. An applicant files a first patent application with medium-to-narrow claim coverage. The first patent application issues with some or substantial patent term adjustment (PTA) caused by one or more...more

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

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (January 3 – January 6): Corroboration Station

A new year means new Federal Circuit decisions to analyze. Our case of the week recounts an interesting saga of companies copying each other’s patent applications to provoke an interference. And if that’s not enough to grab...more

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

2021 Design Patents Year in Review: Analysis and Trends: US Court of Appeals for the Federal Circuit: Seismic Shifts in §102 and...

In 2021, the US Court of Appeals for the Federal Circuit issued four opinions regarding US design patents— two precedential opinions and two unprecedential opinions. Both precedential opinions, In re SurgiSil and Campbell...more

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

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (November 22-27): Written Description - Cobbling Together Numbers After the Fact

The week of Thanksgiving was a slower one for the Federal Circuit. But we still got an interesting written description decision with a divided panel. Below we provide our usual weekly statistics and our case of the week—our...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (October 25-29): Taking the Pulse of Another § Decision

While there may have been no public tricks or treats from the Federal Circuit last week, the Court still managed to issue a range of precedential and non-precedential decisions. Below we provide our usual weekly statistics...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (August 30-September 3): Candor At The Patent Office

The Federal Circuit returned to a full week of in-person arguments last week.  But that didn’t keep it from issuing a range of decisions in patent and non-patent cases.  Below we provide our usual weekly statistics and our...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (July 12-16): Under Alice, Another Patent Bites The Dust

Keniece Gray, Morrison & Foerster summer associate, co-authored this post.  We could have a new Federal Circuit judge today (achieving gender parity on the Court). Last week, the Senate invoked cloture (by a 63-34 vote) on...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (June 7-11): Prosecution Laches—Following the Letter of the Law May Not Always Be Enough

If last week’s post on prosecution disclaimer left you hoping for more decisions about the patent application process, you're in luck. This week we're covering another case about patent prosecution and the somewhat rare...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Brownstein Hyatt Farber Schreck

Federal Circuit Closes Door on Patentability in Chamberlain

In The Chamberlain Group, Inc. v. Techtronic Industries Co., the Federal Circuit weighed in on the type of subject matter that can be characterized as an “abstract idea” and, thus, not eligible for patent protection....more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- USPTO Charting the Way for Subject Matter Eligibility

On November 2, 2016, the United States Patent and Trademark Office (USPTO) issued an important and forward-looking memo on Recent Subject Matter Eligibility Decisions for patent applications that offered guidance for drafting...more

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