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Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent...more

Recent Expansion of IPR Estoppel Scope Viewed As Victory for Patent Owners

In its recent decision in Caltech v. Broadcom Limited, et al, the Federal Circuit expanded the scope of Inter Partes Review (“IPR”) estoppel “to all claims and grounds… which reasonably could have been included in [an IPR]...more

Versata Software, Inc. v. Callidus Software, Inc.: Guidance on Stays Pending Post-Issuance Proceedings

In a recent decision, Versata Software, Inc. v. Callidus Software, Inc., No. 2014-1468 (Fed. Cir. Nov. 20, 2014), the Federal Circuit ordered the District of Delaware to stay district court litigation pending a covered...more

United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous...

On October 1, 2013, the United States Supreme Court agreed to review the “exceptional” case standard for awarding attorneys’ fees in two separate patent-infringement cases. Both cases relate to patentees who are...more

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm...

Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp.,...more

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