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35 U.S.C. § 315(c) Patent Infringement

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2020 #2

PATENT CASE OF THE WEEK - Apple Inc. v. Voip-Pal.com, Inc., Appeal No. 2018-1456, -1457 (Fed. Cir. Sept. 25, 2020) - In our Case of the Week, the Federal Circuit addressed two novel issues following inter partes review...more

McDermott Will & Emery

Full of Hot Air? PTAB Joinder Decisions Under § 315(c) Are Appealable

McDermott Will & Emery on

Addressing whether it has jurisdiction to review joinder decisions made by the Patent Trial and Appeal Board (PTAB), the US Court of Appeals for the Federal Circuit reissued a prior decision explaining that a joinder decision...more

Sunstein LLP

Court’s Strict Interpretation of Timing Requirement May Force Patent Validity Challenges in Two Forums

Sunstein LLP on

The America Invents Act (“AIA”), signed into law in 2011, introduced inter partes review (“IPR”), which allows parties to challenge the validity of patent claims in proceedings before the Patent Trial and Appeal Board...more

Bass, Berry & Sims PLC

Federal Circuit Holds that Issue Joinder is Unavailable in IPRs

Bass, Berry & Sims PLC on

In Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400 (Fed. Cir. Mar. 18, 2020), the Federal Circuit held that the “clear and unambiguous text of” 35 U.S.C. § 315(c) does not authorize “same-party joinder” and...more

Vinson & Elkins LLP

Federal Circuit Throws Shade on Sologamy While Interpreting Section 315(c) Contrary To The Patent Trial And Appeal Board’s...

Vinson & Elkins LLP on

In case your parlance needs updating, the term sologamy refers to a marriage to yourself. Apparently unaware of this trend, the Federal Circuit recently explained that “[a] statute saying that ‘a person may marry any person...more

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