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Patents › Prior Art › Due Diligence

Haug Partners LLP

Judgment Vacated under Rule 60(b)(3) Based on a Witness’s False Testimony

Haug Partners LLP on

The Federal Circuit recently affirmed a district court ruling setting aside a final judgment of patent infringement, including a $1.1 million damages award and a permanent injunction. The appellee brought the motion to vacate...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2021 #2

Schwabe, Williamson & Wyatt PC on

Cap Export, LLC v. Zinus, Inc., Appeal No. 2020-2087 (Fed. Cir. May 5, 2021) - The Federal Circuit issued a single precedential patent case this week. The district court set aside a judgement and injunction originally in...more

Jones Day

Federal Circuit says the PTAB used the Wrong Shade of Diligence

Jones Day on

As the sayings go, diligence is the mother of good luck, and necessity is the mother of invention. But for patents that fall under the pre-AIA, first-to-invent, system, proving diligence can be a necessity for invention. In...more

McDermott Will & Emery

Reasonably Continuous Diligence to Reduction to Practice is Enough

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit explained that diligence towards reduction to practice may be established by a showing of reasonably continuous activity. ATI Techs. ULC v. Iancu, Case Nos. 2016-2222, -2406,...more

Mintz - Intellectual Property Viewpoints

Understanding Antedating of a Prior Art Reference for a Patent

Mintz - Intellectual Property Viewpoints on

The Federal Circuit’s decision in ATI Technologies ULC v. Iancu (April 11, 2019) highlights the proper standard to use in evaluating whether a claimed invention was reduced to practice before the effective date of a prior art...more

Smart & Biggar

On the (Quebec Health) Record: the Federal Court holds the Quebec government liable for patent infringement

Smart & Biggar on

In a digital-age David versus Goliath case, Dr. Luc Bessette has come head-to-head with the Quebec government in a battle over rights to a technology solution that provides shared access to critical medical information...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Steed (Fed. Cir. 2015) - Swearing Behind Reference Still Requires Proof of (Timely Filed) Evidence

McDonnell Boehnen Hulbert & Berghoff LLP on

Thomas Steed, Sourav Bhattacharya, and Sandeep Seshadrijois (collectively "Steed") filed a patent application entitled "Web-Integrated On-Line Financial Database System and Method for Debt Recovery," on April 6, 2004, with...more

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