Latest Publications


Split Panel Affirms PTAB Decision in Knowles Electronics LLC v. Cirrus Logic, Inc.

In Knowles Electronics LLC v. Cirrus Logic, Inc., No. 2016-2010 (Fed. Cir. Mar. 1, 2018), the Federal Circuit affirmed a PTAB inter partes reexamination decision invalidating a patent as anticipated by the prior art and...more

Collateral Estoppel Arising from an Intervening Appeal Requires a Remand to Re-Analyze Claims Previously Upheld by the PTAB

Petitioner Maxlinear filed two co-pending IPR proceedings against the ’585 patent, each asserting different prior art. In one IPR proceeding, the PTAB invalidated the independent claims, which the Federal Circuit affirmed in...more

Estoppel May Apply After Pre-Institution Disclaimer of Challenged Claims in an IPR Proceeding

During the early stages of an IPR proceeding initiated by Smith & Nephew, patent owner Arthrex disclaimed all patent claims challenged in the petition. Arthrex then filed a preliminary response contending that institution...more

Employment Agreement That Included a “Will Assign” Provision, a Trust Provision, and a Quitclaim Provision Insufficient to...

In Advanced Video v. HTC, the Federal Circuit affirmed that Advanced Video Technologies (“Advanced Video”) lacked standing to bring an infringement suit because the future-tense “will assign” provision in the Employment...more

Courts Can Review the PTAB’s Time-Bar Determination of IPR Institution

In Wi-Fi One, LLC v. Broadcom Corp., No. 2015-1944 (Fed. Cir. Jan. 8, 2018), the Federal Circuit, en banc, held that the Patent Trial and Appeal Board (PTAB)’s time-bar determination under § 315(b) is reviewable. The Court...more

Federal Circuit Finds PTAB Should Have Invalidated Additional Claims in IPRs

In CRFD Research, Inc. v. Matal, No. 2016-2198 (Fed. Cir. Dec. 5, 2017), the Federal Circuit reviewed three IPR decisions, each on the same patent, reversing the PTAB’s finding in one of the three decisions. The PTAB had...more

Sale of Generic Drug to Physician With “Extensive Information” on the Label May Induce Infringement

In Sanofi v. Watson, No. 2016-2722, the Federal Circuit affirmed the district court’s decision, upholding induced infringement and validity of Sanofi’s patents covering compositions of, uses for, and methods for administering...more

Method of Using Existing Bank Cards to Access Mass Transit Fails Both Alice Steps

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., No. 2016-1233, the Federal Circuit affirmed the district court’s decision holding that the claims at issue are directed to a patent ineligible abstract idea under 35...more

Hague Convention May Help Foreign Defendants in IPR

The America Invents Act introduced an inter partes review proceeding at the U.S. Patent and Trademark Office for challenging the validity of a patent. Under the AIA, an IPR proceeding may not be instituted if the petition...more

Trade Secret Defendant Cannot Compel Arbitration Based on an Employment Contract to Which It Is Not a Party

The Federal Circuit affirmed a decision by the U.S. District Court for the Northern District of California that Uber could not compel arbitration in a pending litigation filed by Waymo. In its complaint, Waymo asserted...more

Federal Circuit Remands For Further Consideration of Proper Irreparable Harm Test for Permanent Injunction

In Genband US v. Metaswitch Networks, No 2017-1148 (Fed. Cir. July 10, 2017), the Federal Circuit clarified that a patentee only need show “some connection” between the patent and sales of infringing products to meet the...more

Potential Liabilities for Web-Linking to Copyrighted Content

In an age when a majority of information is shared electronically via the internet, it is increasingly important for curators of online content to be aware of the liabilities potentially incurred when a party links to content...more

The Growing Role of 3D Printing in the Sports and Fitness Industries

As a general overview, 3D printing involves turning a 3D digital model created on a computer or with a 3D scanner into a physical object, allowing users to make almost anything. Originally published in Sports & Fitness...more

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