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Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies Timing Issues Associated with Pre-AIA Patent Applications in Lynk Labs, Inc. v. Samsung...

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In this edition of The Precedent, we outline the recent federal circuit decision in Lynk Labs, Inc. v. Samsung Elecs. Co. This case addresses the date on which a pre-AIA published patent application obtains its status as...more

McDermott Will & Emery

Co-Authorship ≠ Co-Inventorship but Can Be Supportive of Inventive Contribution

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The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board (Board) decision because it failed to resolve fundamental testimonial conflict relating to inventive contribution and complete...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 24-28): No Judicial Estoppel from Inventorship About-Face

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Last week the summer was winding down and the Federal Circuit was gearing up for its September argument session. But the Court still found time to hand down a number of decisions—17 in total. Below we provide our usual weekly...more

Haug Partners LLP

Security People, Inc. v. Iancu, 2019-2118, 2020 WL 4873762 (Fed. Cir. Aug. 20, 2020)

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In an appeal from the Northern District of California, the Federal Circuit affirmed the district court’s dismissal of Security People’s Administrative Procedure Act (APA) suit challenging the constitutionality of inter partes...more

McDermott Will & Emery

Collaterally Estopped, Do Not Pass Go

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In one of the latest decisions in the Apple/VirnetX saga, the US Court of Appeals for the Federal Circuit reiterated that Rule 36 affirmance can create collateral estoppel. VirnetX Inc. v. Apple, Inc., Case Nos. 17-2490,...more

Knobbe Martens

Virnetx Inc., v. Apple, Inc.

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Federal Circuit Summary - Before Newman, O’Malley, and Chen. Appeal from the PTAB. Summary: Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication...more

Knobbe Martens

In re VerHoef

Knobbe Martens on

Federal Circuit Summaries - Before Newman, Mayer, and Lourie. Appeal from the Patent Trial and Appeal Board. Summary: An application is unpatentable under pre-AIA 35 U.S.C. § 102(f) when the application does not name...more

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