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Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims

MUNCHKIN, INC. V. LUV N’ CARE LTD - Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully...more

Stated Purpose of Invention May Limit Claim Scope

KAKEN PHARMCEUTICAL CO., LTD., BAUSCH HEALTH COMPLAINTS INC., V. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADE MARK OFFICE - Judges: Newman,...more

Disclaimer Not Required for Prosecution History to Limit Claim Scope

PERSONALIZED MEDIA COMMUNICATION, LLC v. APPLE INC - Before Reyna, Taranto and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Prosecution history evidence need not rise to the level of disclaimer to...more

IPRs of Pre-AIA Patents Are Not Unconstitutional Takings

CELGENE CORPORATION v. PETER - Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking...more

E.I. Du Pont De Nemours & Company v. Unifrax I LLC

Before: O'Malley, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence...more

Arista Networks, Inc. v. Cisco Systems, Inc.

Federal Circuit Summary - Before Prost, Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The plain language of 35 U.S.C. § 311(a) unambiguously leaves no room for assignor estoppel to apply in...more

Federal Circuit Reverses-in-Part PTAB’s IPR Decisions for Wasica’s Tire Pressure Monitoring Patents

The Federal Circuit affirmed-in-part and reversed-in-part the PTAB’s final written decisions on Wasica’s tire pressure monitoring patents in Wasica Finance GmbH v. Continental Automotive Sys., Inc., No. 2015-2078 (Fed. Cir....more

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