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Intellectual Property Litigation Patent Invalidity Appellate Courts

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

Product-by-Process Analysis: Invalidity ≠ Infringement

On March 4, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB”) decision in Restem, LLC v. Jadi Cell, LLC, No. 23-2054, 2025 WL 679195, at *1 (Fed. Cir. Mar. 4, 2025), finding that the patent...more

McDermott Will & Emery

Collateral Estoppel Doesn’t Apply to Unchallenged IPR Claims

McDermott Will & Emery on

The US Court Appeals for the Federal Circuit found that despite a Patent Trial & Appeal Board determination that certain challenged patent claims were unpatentable based on a preponderance of the evidence standard, the patent...more

Knobbe Martens

A Patent Must Describe What Is Claimed, Not What Infringes

Knobbe Martens on

Before Lourie, Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack of written description for failing to describe the specific infringing embodiment...more

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