Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if...more
PARUS HOLDINGS, INC. V. GOOGLE LLC -
Before Lourie, Bryson, and Reyna. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: PTAB did not err in declining to consider...more
LG ELECTRONICS INC. v. IMMERVISION INC.
Before Stoll, Cunningham, and Newman, Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Where a reference contains an “obvious”...more
7/13/2022
/ Appeals ,
Clerical Errors ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
LG Electronics ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
POSITA
APPLE, INC. v. QUALCOMM, INC.
Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from...more
11/15/2021
/ Appeals ,
Apple ,
Article III ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Qualcomm ,
Standing
VIDSTREAM LLC V. TWITTER, INC.
Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be...more
ALACRITECH, INC. V. INTEL CORP., CAVIUM, LLC, DELL, INC.
Before Stoll, Chen, and Moore. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s obviousness determination must meet the Administrative Procedure...more
FITBIT, INC. v. VALENCELL, INC.
Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board.
Summary: Notwithstanding its rejection of the Petitioner’s proposed claim construction, the PTAB may not end an...more
B.E. TECHNOLOGY, L.L.C. v. FACEBOOK, INC.
Before Lourie, Plager, and O’Malley. Appeal from the United States District Court for the Western District of Tennessee.
Summary: A decision on the merits is not a prerequisite...more
10/15/2019
/ Appeals ,
Dismissal With Prejudice ,
Facebook ,
Inter Partes Review (IPR) Proceeding ,
Judgment on the Pleadings ,
Litigation Fees & Costs ,
Mootness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prevailing Party ,
Reaffirmation
Federal Circuit Summary -
Before Lourie, Dyk and Taranto. Consolidated Appeals from the Patent Trial and Appeal Board and the Southern District of California.
Summary: A person is a joint inventor of the anticipating...more
2/4/2019
/ Anticipation ,
Appeals ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Joint Inventors ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Reversal ,
Section 102 ,
Summary Judgment
Federal Circuit Summary -
Before Reyna, Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: A party must file a cross-appeal when their argument requires modification of a decision. Under the...more
11/26/2018
/ Administrative Procedure Act ,
Appeals ,
Claim Construction ,
Cross-Appeals ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Validity ,
Patents ,
Reaffirmation ,
Standing ,
Time-Barred Claims
Federal Circuit Summary -
Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB may initially accept an IPR petitioner’s identification of real-parties-in-interest, but...more
9/10/2018
/ Appeals ,
Burden of Persuasion ,
Burden-Shifting ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Real Party in Interest ,
Rebuttable Presumptions ,
Remand ,
Software Patents ,
Time-Barred Claims ,
Vacated
Federal Circuit Summaries -
Before Taranto, Plager, and Chen. Appeal from the Patent Trials and Appeals Board.
Summary: In determining whether materials distributed at meetings or conferences are reasonably accessible...more
Federal Circuit Summaries -
Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana.
Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...more
6/14/2018
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Clear Error Standard ,
Dismissals ,
Exceptional Case ,
Inter Partes Review (IPR) Proceeding ,
Motion to Dismiss ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prevailing Party ,
Reaffirmation ,
Totality of Circumstances Test
Federal Circuit Summary -
Before Wallach, Chen, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: A party may not be time-barred from instituting an IPR despite having a business relationship with a...more
5/11/2018
/ § 315(b) ,
Appeals ,
Inter Partes Review (IPR) Proceeding ,
Jury Trial ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Privity of Contract ,
Real Party in Interest ,
Substantial Evidence Standard ,
Time-Barred Claims
Federal Circuit Summaries -
Before Newman, Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: The USPTO has standing to intervene to defend its decision, even when the requestor has...more
Federal Circuit Summaries -
Before Lourie, O’Malley, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: Evaluation of “teaching away” requires consideration of whether a reference “criticize[s],...more
2/12/2018
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Reversal