News & Analysis as of

Apple Patents Appeals

Sheppard Mullin Richter & Hampton LLP

Precluded, Not Repeated: WARF & Apple Continue to Shape our Understanding of Issue Preclusion in Patent Law

This case addresses the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. Specifically, this case discusses whether a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: The Public Interest Impact – Considerations from AliveCor and Masimo

The year 2023 was marked by two landmark Commission determinations resulting in exclusion orders and cease and desist orders against a popular consumer wearable—the Apple Watch. both investigations focused on health...more

Bradley Arant Boult Cummings LLP

Some Touch Up Needed: The Federal Circuit Partially Confirms the PTAB’s View of Analogous Art

In Corephotonics, Ltd. v. Apple Inc., the Federal Circuit partially signed off on Apple’s win before the Patent Trial and Appeal Board (PTAB) invalidating a number of patents owned by Corephotonics relating to dual-aperture...more

Bradley Arant Boult Cummings LLP

The Long Con Otherwise Known as Prosecution Laches

Last week, in Personalized Media Communications, LLC v. Apple, Inc., the Federal Circuit left intact Judge Rodney Gilstrap’s ruling of unenforceability based on prosecution laches and deprived Personalized Media...more

McDermott Will & Emery

Bursting the Bubble on Prosecution Delays

McDermott Will & Emery on

Addressing a case where a patent owner filed hundreds of applications as part of a strategy to maintain extraordinarily lengthy patent coverage, the US Court of Appeals for the Federal Circuit affirmed a district court’s...more

Sunstein LLP

Apple Must Agree to License Terms It Hasn’t Seen -- Or Leave the UK Telephony Market

Sunstein LLP on

In October 2022, the Court of Appeal in the United Kingdom issued a unanimous decision in ruling that Apple must either accept global licensing terms before they have even been determined or face an injunction that would...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2022 #2

In re: Apple Inc., Appeal No. 2022-162 (Fed. Cir. Nov. 8, 2022) - In our Case of the Week, the Federal Circuit granted Apple’s petition for mandamus, directing the District Court for the Western District of Texas to vacate...more

McDermott Will & Emery

Notice Letters, Related Communications May Establish Specific Personal Jurisdiction

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The US Court of Appeals for the Federal Circuit rejected a bright-line rule that patent infringement notice letters and related communications can never form the basis for specific personal jurisdiction. Apple Inc. v. Zipit...more

Knobbe Martens

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

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APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll.  Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related...more

McDermott Will & Emery

Count On It, Plural Term Means More Than One

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The US Court of Appeals for the Federal Circuit affirmed Patent Trial & Appeal Board (Board) patentability decisions after determining that the Board did not err in construing multiple terms within the challenged patents....more

Mintz - Intellectual Property Viewpoints

Expert Patent Damages Opinions Hit the Spotlight as Federal Circuit Scuttles Two Patent Infringement Verdicts Worth $1.2 Billion...

In two recent decisions, both issued on February 4, 2022, the United States Court of Appeals for the Federal Circuit (the “CAFC”) erased two huge patent damages awards because the underlying expert opinion on damages was...more

Mintz

A plan for East Boston is great. But we need one for downtown too!

Mintz on

Kudos to Shirley Leung of The Boston Globe for concisely recounting the past 15 years of Boston waterfront planning, where it has and hasn't gotten us, and where we need to get in the foreseeable future. Mayor Wu has great...more

Knobbe Martens

Effects of Proximity, Plurals, and Passive Voice for Claim Construction

Knobbe Martens on

APPLE INC. v. MPH TECHNOLOGIES OY - Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Nixes Admitted Prior Art as Basis for IPR

On February 1, in Qualcomm Inc. v. Apple Inc., the Federal Circuit held that Apple could not base an inter partes review (IPR) challenge of a Qualcomm patent solely on “applicant admitted prior art” (AAPA) found in the patent...more

Rothwell, Figg, Ernst & Manbeck, P.C.

In Qualcomm v. Apple, Federal Circuit Rules Out Applicant Admitted Prior Art As the “Basis” for Inter Partes Review

On the first of February, in Qualcomm Inc. v. Apple Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on two inter partes review (“IPR”)...more

McDermott Will & Emery

Federal Circuit Sends iPhone Patent Dispute Back for Third Damages Trial

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Considering numerous claim construction, infringement and damages issues related to patents allegedly covering Apple’s iPhones 5 and 6 series technology, a panel of the US Court of Appeals for the Federal Circuit determined...more

McDermott Will & Emery

No More Bites at the Apple: Imminent and Non-Speculative Standing Still Required

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The US Court of Appeals for the Federal Circuit reiterated that a patent challenger did not have Article III appellate standing to obtain review of a final Patent Trial & Appeal Board (PTAB) ruling because the underlying...more

Fitch, Even, Tabin & Flannery LLP

Again, Federal Circuit Holds Apple Lacked Standing to Appeal IPRs It Initiated

On November 10, in Apple Inc. v. Qualcomm Incorporated, for the second time, and in a 2-1 decision by a different panel, the Federal Circuit held that Apple lacked standing to appeal final decisions in inter partes review...more

Knobbe Martens

No Standing for Second Bite at the Apple

Knobbe Martens on

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

Foley & Lardner LLP

. License Agreement Not Enough for Standing on Appeal of an IPR Apple Inc. v. Qualcomm Inc.

Foley & Lardner LLP on

In a precedential decision, the Federal Circuit held that Apple lacked standing to appeal from its loss as petitioner in a couple of inter partes reviews (IPRs) against patent owner Qualcomm. Background - Qualcomm sued...more

McDermott Will & Emery

No Estoppel in the Name of Different Interests and Claims

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The US Court of Appeals for the Federal Circuit found that 35 USC § 314(d) did not bar its review of a Patent Trial & Appeal Board determination that a petitioner was not estopped from maintaining inter partes review (IPR)...more

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

Joined Parties Have Rights Too

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In vacating an unpatentability decision by the Patent Trial and Appeal Board (Board), the US Court of Appeals for the Federal Circuit found that the rights of a joined party to an inter partes review (IPR) proceeding applies...more

McDermott Will & Emery

Third Parties Not Responsible for Defective Motion to Seal

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The US Court of Appeals for the Federal Circuit held that a district court did not abuse its discretion in denying reconsideration of a previous order denying a litigant’s defective motion to seal with regard to the...more

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