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
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
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
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
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
12/31/2021
/ Administrative Patent Judges ,
Assignor Estoppel ,
Induced Infringement ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pleading Standards ,
Prior Art ,
USPTO
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
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
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