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STUDying Investments Patent-by-Patent: Zircon, Corp. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon...more

Roku, Inc. v. International Trade Commission – The Power of Words in Patent Assignments

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on patent assignments and satisfying the “domestic industry” requirement at the International Trade Commission (“ITC”) in...more

K-fee System GMBH v. Nespresso USA, Inc. – The Importance of Context in Claim Construction

The Federal Circuit provided its latest guidance with respect to prosecution disclaimer in K-fee System GMBH v. Nespresso USA, Inc., 2023 WL 8882383, — F.4th — (Fed. Cir. Dec. 26, 2023).  K-fee involved patents covering...more

Haug Partners Secures Victory Before the PTAB for Sartorius BioAnalytical Instruments, Inc.

On June 20, 2023, the Patent Trial and Appeal Board issued a decision in favor of Haug Partners client Sartorius BioAnalytical Instruments, Inc. (Gator Bio, Inc. v. Sartorius BioAnalytical Instruments, Inc., IPR2023-00215...more

Narrowing the Disclaimer Doctrine: Federal Circuit Cabins the Reach of Disclaimers in the IPR Context

OVERVIEW - The United States Court of Appeals for the Federal Circuit recently affirmed three Inter Partes Review (IPR) final written decisions of the U.S. Patent Trial and Appeal Board (“the Board”) where the Board...more

Foresight in Patent Litigation: How Adherence to Local Rules Can Make or Break a Case

On September 7, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Arendi S.A.R.L v. LG Electronics, Inc., offering an important reminder to patent litigators of the necessity of following the...more

A Word of Caution When Disclosing Confidential Information to A Non-Party Under A Protective Order

In a 2-1 opinion,1 the Federal Circuit recently reversed a decision from the United States District Court for the Western District of Wisconsin finding Defendant Leader Accessories LLC (“Leader”) and its attorney, Mr....more

Federal Circuit Vacates $2.75 Billion Award Due to Violation of Judicial Recusal Statute

In Centripetal Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit vacated a $2.75 billion judgment against Cisco, finding that the district court judge failed to cure a conflict of interest by putting his wife’s Cisco...more

Timing is Everything: Subsequent Invalidity Ruling Does Not Excuse Violation of an ITC Exclusion Order

In DBN Holding, Inc. v. ITC, the Court of Appeals for the Federal Circuit (“CAFC”) upheld a $6.2M civil penalty levied against DBN, an ITC respondent, for violating a remedial consent order, even though the patent upon which...more

Is Silence Disclosure? The Federal Circuit Clarifies its Position on Negative Claim Limitations

In Novartis Pharms. Corp. v. Accord Healthcare, Inc., No. 21-1070, slip op. at 7 (Fed. Cir. Jan. 3, 2022), the defendant posed two distinct written-description challenges to Novartis’s patent claims, regarding (1) a daily...more

2021 Year in Review: Noteworthy Precedent for Patent Litigators

As the world marched forward in the face of the lingering covid-19 global pandemic, the Supreme Court and Federal Circuit followed suit, issuing several noteworthy decisions of which patent litigators should be aware in 2022....more

The Effect of Proposed Legislative Reform at the ITC

Last week, for the second time in two years, members of the House of Representatives proposed legislation limiting the ability of certain entities to file complaints for unfair trade practices at the U.S. International Trade...more

Minerva V. Hologic: Assignor Estoppel Doctrine Retained, But Limited

On June 29, 2021, the Supreme Court in a 5-4 decision retained the doctrine of assignor estoppel. However, the Court also held that “the Federal Circuit has applied the doctrine too expansively.” Accordingly, the Supreme...more

In SynQor, Inc. v. Vicor Corp., Federal Circuit Applies Collateral Estoppel to Related Inter Partes Reexamination Proceedings

On February 22, 2021, the Federal Circuit addressed for the first time whether collateral estoppel (i.e., issue preclusion) was applicable in inter partes reexamination proceedings. The case is SynQor, Inc. v. Vicor Corp.,...more

Joining Issue: The Federal Circuit Addresses the Interplay Between IPR Estoppel and IPR Joinder

On September 24, 2020 the Federal Circuit issued a decision in Network-1 Tech., Inc. v. Hewlett-Packard Co., in which the Federal Circuit addressed whether statutory estoppel under 35 U.S.C. § 315(e) applies to a party who...more

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