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USPTO Withdraws Fintiv Memo on Discretionary Denials in Post-Grant Proceedings

On February 28, 2025, the USPTO announced that it was rescinding former Director Vidal’s 2022 memorandum on discretionary denials by the Patent Trial and Appeal Board. The 2022 memorandum effectively narrowed the application...more

Federal Circuit Rejects Timing Requirement for Expert Qualification Under Kyocera

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held that an expert must meet the definition of a “person of ordinary skill in the art” of the asserted patents in order to opine...more

New Patent Cases Filed in Waco Will Be Randomly Assigned Among Western District of Texas Courts and Divisions

In response to the recent concentration of patent cases filed in a single court in Waco, Texas, all new patent cases filed in the Western District of Texas’s Waco Division will be distributed among the district’s various...more

Dual-Purpose, Patent Analysis Documents Found Immune from Discovery under Work Product Doctrine

In Limestone Memory Systems LLC v. Micron Technology, Inc. et al., the Discovery Master ruled that, under 9th Circuit law, pre-suit, patent analysis documents qualified for immunity from discovery under the work product...more

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