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Patents Trial de Novo

Holland & Knight LLP

In Facebook v. Windy City Innovations, Federal Circuit Ends Self-Joinder for Already Filed IPRs

Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit held in an opinion filed March 18, 2020, that petitioners to the Patent Trial and Appeal Board (PTAB) may not join themselves as a party to their earlier filed inter partes...more

Jones Day

Win or Lose: Appellants of PTO Decisions in District Court Must Pay Attorneys' Fees

Jones Day on

On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more

Knobbe Martens

Federal Circuit Review - March 2014

Knobbe Martens on

Claim Construction Review is De Novo - In Lighting Ballast Control LLC v. Philips Electronics North America Corp., Appeal No. 12-1014, the Federal Circuit sitting en banc reinstated the previous panel decision and...more

Polsinelli

Divided Court Affirms De Novo Review For Claim Construction

Polsinelli on

On February 21, 2014, the Federal Circuit released its widely-anticipated decision in Lighting Ballast Control LLC v. Phillips Electronics North America Corporation. The decision renews the Court's commitment to fifteen years...more

McDermott Will & Emery

De Novo Review of District Court Claim Construction Is Here to Stay—For Now

McDermott Will & Emery on

The en banc Federal Circuit, in a 6–4 decision, invoked the doctrine of stare decisis and decided to retain the de novo standard for appellate review of district court claim constructions....more

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