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Massachusetts Court Finds Shaw Decision Forecloses Any Estoppel Beyond the Grounds That Were Instituted in an IPR, Despite Policy...

The court in Koninklijke Philips N.V. v. Wangs All. Corp., No. 14:cv-12298, 2018 WL 283893 (D. Mass. Jan. 2, 2018) denied summary judgement of no invalidity, finding that the Federal Circuit’s holding in Shaw forecloses a...more

Defendant Is Not Estopped from Relying on a Prior Art Reference in District Court that Is Related to a Reference Used in a CBM So...

In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff’s Motion in Limine and held that CBM estoppel does not apply to related applications...more

Despite Change in Motion to Amend Practice by Aqua Products, PTAB Orders Scope of Remand to be Limited to Federal Circuit’s...

In an IPR on remand from the Federal Circuit on appeal of a motion to amend, the PTAB considered the scope of briefings of the parties in view of the Federal Circuit’s recent en banc decision Aqua Products v. Matal. The PTAB...more

First Ever Marijuana-Related Medical Device Approved

According to PR Newswire, the Israeli Ministry of Health has grated initial approval to Tel-Aviv-based Kanabo Research for their VapePod vaporizer product as a medical device. PR Newswire notes that with this approval, Israel...more

Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc.

Federal Circuit Summaries - Before Moore, O’Malley, and Wallach. Appeal from the Eastern District of Texas (Judge Gilstrap). Summary: Claims directed to summarizing and presenting information on display interfaces for...more

GDPR: Ready for the EU’s New Data Privacy Law? What You Need to Know

What is the GDPR? The European General Data Protection Regulation (GDPR) is a new law going into effect on May 25, 2018 that grants European residents broad, never-before-recognized data privacy rights, and imposes...more

The PTAB Reverses Original Decision After the Federal Circuit Reverses Key Findings and Limits Issues for Review

On October 17, 2017, the PTAB issued a final written decision in an IPR holding all claims unpatentable after the Federal Circuit vacated and remanded the PTAB’s previous final written decision. The PTAB reversed their...more

Google Gets Their Attorneys’ Fees Back for Having to Fight Off a Weak Patent Infringement Suit

Judgments and Awards - On September 25, 2017, a federal court in San Jose, CA awarded the Defendants Google, YouTube, and On2 Technologies $820,321.41 in attorney’s fees. The Court previously held the Plaintiff Max Sound...more

House Passes Bill Relaxing Reporting Requirements

The U.S. House of Representatives recently passed the FDA Reauthorization Act of 2017. This bill seeks to change the requirement for companies to report medical device malfunctions to the FDA. Previously, companies had to...more

The PTAB Reaches Same Determination After Remand Despite Having Construction and Analysis Set Aside

On July 28, 2017, the PTAB issued a final written decision holding all claims unpatentable in an IPR after the Fed. Cir. vacated and remanded the PTAB’s previous final written decision. On remand, the PTAB reached the same...more

Developments in IPR Remands from the Federal Circuit During the First Half of 2017

Previously, we reported the outcomes of remands from the Federal Circuit to the PTAB in IPR cases through 2016.... This note is an update to that report, surveying the outcomes and status of remands to the PTAB in the...more

PTAB Holds All Claims Unpatentable in Reversal on Remand

The PTAB recently issued a final written decision on remand from the Federal Circuit, holding all claims to be unpatentable in Athena Automation Ltd., v. Husky Injection Molding Sys. Ltd., IPR2013-00290, Paper 61 (P.T.A.B....more

PTAB allows Patent Owner to File Supplement to Motion to Amend in Veeam Software Corporation v. Veritas Technologies LLC

On remand from the Federal Circuit the PTAB granted authorization for a patent owner to file a supplement to its Motion to Amend in Veeam Software Corporation v. Veritas Technologies LLC, IPR2014-00090, Paper 42 (P.T.A.B....more

PTAB Grants Rare IPR Request for Rehearing in WesternGeco LLC v. PGS Geophysical AS

The PTAB recently granted a request for rehearing and modified the final written decision in WesternGeco LLC v. PGS Geophysical AS, IPR2015-00313, Paper 43 (P.T.A.B., Feb. 3, 2017). This is an extremely rare event....more

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