4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Stages of Patent Invalidation Proceedings
Jones Day Talks: PTAB's Busy Docket and What's Changed After SAS Institute
Impact of Changes at the PTAB on Patent Owners
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
Podcast: PTAB Changes After SAS: New Litigation Tactics & Further Changes to Come
Podcast: PTAB Update: New USPTO Director Brings Significant Changes to PTAB
Compiling Successful IP Solutions for Software Developers
Is The Deck Stacked Against Patent Owners In The PTAB?
Inter Partes Review: Validity Before the PTAB
The Federal Circuit has ruled that a US patent-holder plaintiff may be able to recover damages for a defendant’s foreign sales of infringing products if the foreign sales were proximately caused by the defendant’s improperly...more
SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction....more
Ironburg sued Valve for infringement of Ironburg’s video-game-console controller patent. Valve responded by filing an IPR challenging the claims on various grounds. The Patent Trial & Appeal Board instituted partial review...more
Precedential and Key Federal Circuit Opinions - 1. VLSI TECHNOLOGY LLC, v. INTEL CORPORATION [OPINION] (2022-1906, 12/04/2023) (Lourie, Dyk, Taranto) - Taranto, J. The Court reversed the judgment of infringement on...more
The US Court of Appeals for the Federal Circuit upheld a district court’s claim construction and jury instructions but reversed a premature judgment as a matter of law (JMOL) on obviousness and an imprecise damages award....more
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed - In Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 21-1834, the Federal Circuit held that a court can correct obvious...more
The US Court of Appeals for the Federal Circuit affirmed a district court decision correcting a clerical error in a claim. Pavo Solutions LLC v. Kingston Technology Company, Inc., Case Nos. 21-1834 (Fed. Cir. June 3, 2022)...more
As post grant review allows for on sale bar assertions, and thus experimental use defenses, we wanted to highlight a recent case addressing these issues. Sunoco sued Venture and U.S. Oil Co. for infringement of U.S. Patent...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
The US Court of Appeals for the Federal Circuit overturned a district court determination that the claim terms “resilient” and “pliable” were indefinite. The Federal Circuit found that the claims, while broad, were...more
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
Addressing inter partes review (IPR) estoppel after the Supreme Court of the United States’ 2018 decision in SAS Institute, Inc. v. Iancu, the US Court of Appeals for the Federal Circuit overruled its decision in Shaw...more
The Federal Circuit issued numerous precedential opinions last week, two of which answered long simmering questions about inter partes reviews (IPRs). Below we discuss a case addressing whether admissions of prior art in the...more
Addressing claim construction, enablement, damages and willfulness, the US Court of Appeals for the Federal Circuit found that evidence of a defendant’s knowledge of the asserted patent and proof of infringement were, by...more
Rain Computing, Inc. v. Samsung Electronics America, Inc., Appeal Nos. 2020-1646, -1656 (Fed. Cir. Mar. 2, 2021) - Our Case of the Week focuses on the issue of indefiniteness, and particularly, terms that are construed as...more
Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will...more
Trial courts tend to get more than the benefit of the doubt when their decisions are viewed under the "abuse of discretion" standard, and juries similarly are affirmed unless there isn't substantial evidence supporting their...more
Rejecting a defendant’s request for a new trial on a variety of grounds, the US Court of Appeals for the Federal Circuit affirmed a damages award and explained that apportionment was unnecessary because a sufficiently...more
On November 19, 2020, a unanimous panel of the Court of Appeals for the Federal Circuit (“Federal Circuit”) decided Vectura Ltd. v. GlaxoSmithKline LLC, affirming a $90 million verdict. Vectura Ltd. (“Vectura”) sued...more
The US Court of Appeals for the Federal Circuit held that notwithstanding a stipulation on claim construction, a party may still induce infringement absent proof that it actually relied on the stipulation, and that mere...more
Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more
On August 3, 2020, in Bio-Rad Labs., Inc. v. 10X Genomics, Inc., the Federal Circuit clarified its decision in TomTom v. Adolph regarding limiting claim preambles, holding that the preamble of the claim at issue could not be...more