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Burden of Proof Limitation Periods

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Nidec v. Zhongshan, the entire panel affirms a determination of obviousness but two judges question whether § 315(c) of the AIA was improperly used to permit joinder as to a second Zhongshan petition filed after the...more

Jones Day

Delayed Payment Proves Fatal for Cultec’s PTAB Challenge

Jones Day on

Under 35 U.S.C. § 315(b), a petition for inter partes review (IPR) may not be filed more than one year after the date on which the petitioner was served with a patent infringement complaint. Thus, a petition must meet all of...more

Locke Lord LLP

New Life for Vitiation as a Defense to Doctrine of Equivalents Infringement

Locke Lord LLP on

The doctrine of claim vitiation prevents application of the doctrine of equivalents in a way that would completely eliminate a claim element – i.e., renders the claim limitation inconsequential or ineffective. This doctrine...more

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