On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v…
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/ Communications & Media Law, Intellectual Property, Science, Computers, & Technology
In less than a month, the United States Patent and Trademark Office (“USPTO”) has dramatically reformed its policies and procedures for exercising its discretion to deny institution of AIA post-grant proceedings. First, on…
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/ Administrative Law, Civil Procedure, Intellectual Property
On February 10, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Kroy IP Holdings, LLC v. Groupon, Inc., reversing and remanding a district court ruling that had dismissed Kroy’s patent…
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/ Administrative Law, Civil Procedure, Intellectual Property
On January 14, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Lynk Labs, Inc. v. Samsung Electronics Co., No. 23-2346 (Fed. Cir. Jan. 14, 2025), addressing whether a published…
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/ Administrative Law, Intellectual Property, Science, Computers, & Technology
On October 18, 2024, the Federal Circuit issued its opinion in UTTO Inc. v. Metrotech Corp., No. 2023-1435, 2024 U.S. App. LEXIS 26340, (Fed. Cir. Oct. 18, 2024) addressing the propriety of conducting claim construction at the…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
On October 24, 2024, the United States Court of Appeals for the Federal Circuit issued a ruling in Nexstep, Inc. v. Comcast Cable Communications, LLC, affirming the District Court for the District of Delaware’s judgment of…
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/ Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology
On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under 35…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
On May 18, 2023, the Supreme Court held claims of two patents owned by Amgen, Inc. to be invalid for failing to enable persons skilled in the art to practice the invention as required by 35 U.S.C. §112. Amgen, Inc., et al. v…
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/ Intellectual Property, Science, Computers, & Technology
On May 2, 2023, in Volvo Penta of the America’s, LLC v. Brunswick Corp., Case No. 2022-1366 et al., Paper 15 (PTAB May 2, 2023), Director Vidal sua sponte vacated a PTAB decision denying IPR institution due to a district court…
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/ Intellectual Property
On March 13, 2023, in Apple, Inc., et al. v. Vidal, Case No. 2022-1249 (Fed. Cir. March 13, 2023), the Federal Circuit reversed and remanded a decision from the Northern District of California dismissing a lawsuit filed by…
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/ Intellectual Property
On September 28, 2022, the Federal Circuit reversed and remanded a decision from the Northern District of California granting a Rule 12 Motion to Dismiss on the basis that claims of U.S. Patent No. 9,432,452 were invalid under…
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/ Intellectual Property, Science, Computers, & Technology
In 2021, an organization of patent owners and various patent-holding companies sued the USPTO in the Eastern District of Texas. The patent owners sought to force the USPTO Director to engage in notice-and-comment rulemaking…
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/ Intellectual Property, Science, Computers, & Technology
Patents protect intellectual property, but they are most effective when the holder is willing to defend them using litigation. It may involve jury trials, bench trials or even a subsequent appeal to the Circuit Court…
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/ Intellectual Property, Science, Computers, & Technology
