News & Analysis as of

Inter Partes Review (IPR) Proceeding Section 101 Intellectual Property Protection

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Clarifies § 101 Patent Eligibility for Composition-of-Matter Claims

In a significant decision, the Federal Circuit reversed the U.S. International Trade Commission’s (ITC) finding that claims of U.S. Patent No. 10,508,502 (502 Patent) were invalid under 35 U.S.C. § 101. The opinion addresses...more

Alston & Bird

Patent Case Summaries | Week Ending February 14, 2025

Alston & Bird on

Kroy IP Holdings, LLC v. Groupon, Inc., No. 2023-1359 (Fed. Cir. (D. Del.) Feb. 10, 2025). Opinion by Reyna, joined by Prost and Taranto. Kroy sued Groupon for patent infringement, asserting thirteen claims. Groupon...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Jones Day

Federal Circuit Dismisses Appeals As Moot

Jones Day on

Koss filed a patent infringement suit against Bose asserting the ’155, ’934, and ’025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB. The district court case was stayed...more

McDermott Will & Emery

Beware Equitable Doctrine of Issue Preclusion in Multiparty, Multivenue Patent Campaigns

Addressing for the first time whether an invalidity order merges with a voluntary dismissal for purposes of finality, the US Court of Appeals for the Federal Circuit held that an interlocutory order merges with the final...more

Troutman Pepper Locke

EDVA Judge Finds Driver Scheduling Patents Invalid

Troutman Pepper Locke on

In a lengthy and detailed opinion, EDVA Judge Hannah Lauck has dismissed a suit alleging infringement of seven patents relating to coordinating drivers to transport vehicles between locations, holding that the patents were...more

McDermott Will & Emery

Pending Appeal Does Not Divest Board of Statutory Authority to Institute IPRs

McDermott Will & Emery on

In a case involving sua sponte review, the Director of the US Patent & Trademark Office (PTO) vacated an inter partes review (IPR) decision denying institution, found that the Patent Trial & Appeal Board had statutory...more

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more

American Conference Institute (ACI)

[Event] 18th Annual Paragraph IV Disputes - April 19th - 20th, New York, NY

Hosted by ACI, 18th Annual Paragraph IV Disputes Conference returns to New York City for another exciting year with curated programming that not only addresses the hot topics, but also puts them within the context of pre-suit...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Realtime Adaptive Streaming LLC v. Netflix, Inc. (Fed. Cir. 2022)

Bad law often gives rise to creative legal arguments.  But the application of such creative lawyering is necessarily bounded by ethical rules and notions of fair dealing.  Patent eligibility, in its current incarnation, has...more

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

[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu (transcript)

Our “Innovation Conversations” series continues with our guest Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sterne Kessler Directors Trey...more

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

[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu

Our “Innovation Conversations” series continues with our guest Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sterne Kessler Directors Trey...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters

As we pivot into the next generation of technology for the 21st century, we’re taking a look at the only intellectual property rights to be mentioned in the U.S. Constitution – patents. We’re joined by Rob Masters to explore...more

Morgan Lewis

Federal Circuit: Section 101 Is Fair Game for Amended Claims in Inter Partes Review

Morgan Lewis on

The US Court of Appeals for the Federal Circuit recently ruled that the Patent Trial and Appeal Board correctly refused to substitute proposed amended claims for being directed to ineligible subject matter under 35 USC § 101....more

Troutman Pepper Locke

Section 101 Plays a Role in IPRs

Troutman Pepper Locke on

Uniloc 2017 LLC v. Hulu, LLC, Netflix, Inc., Appeal No. 2019-1686 (Fed. Cir., July 22, 2020). Uniloc owned a patent entitled “System and Method for Adjustable Licensing of Digital Products.” In an IPR, petitioners Hulu and...more

Knobbe Martens

Federal Circuit Review - April 2020

Knobbe Martens on

Secret Third-Party Processes May Not Trigger Pre-AIA § 102 Public Knowledge or Use Bars - In Basf Corporation v. SNF Holding Company, Appeal No. 19-1243, the Federal Circuit ruled that a third party’s sale of products...more

Farella Braun + Martel LLP

Strategy Lessons From Wells Fargo Fintech Patent Litigation

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more

Stinson LLP

Mobile Check Deposit Patent Case Headed for Trial

Stinson LLP on

Companies involved in mobile checking should watch case closely - The United States Automobile Association (USAA) owns a portfolio of patents aimed at mobile check deposit technology. One group of these patents is targeted...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - June 2018

Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No. 2017-1452 (Fed. Cir. May 31, 2018) and Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. May 31, 2018) - In these two, published, precedential orders...more

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