News & Analysis as of

Inter Partes Review (IPR) Proceeding Section 337 Patent Infringement

Irwin IP LLP

Paws vs. Jaws: Dawgs Take on Crocs in The Federal Circuit

Irwin IP LLP on

Crocs, Inc. v. Effervescent, Inc., No. 1:06-cv-00605 (Fed. Cir. October 3, 2024) - On October 3, 2024, the Federal Circuit held that a party may be liable for false advertising violations under Section 43(a)(1)(B) of the...more

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

2022 Design Patents Year in Review: Analysis & Trends

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

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

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

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

PTAB Strategies and Insights - May 2021

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

Jones Day

Court Blocks Stay Request Absent Agreement to Estoppel for Third-Party IPRs

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The United States District Court for the Central District of California recently denied Defendant Adobe Systems Inc.’s motion to stay litigation pending resolution of parallel inter partes review (“IPR”) proceedings before...more

Jones Day

ITC Denies Motion to Stay After Weighing Semiconductor Chips Factors

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In a recent order, the ITC denied a motion to stay after ALJ Bullock found that the balance of the Semiconductor Chips factors weighed against granting the motion. See In re Certain Memory Modules And Components Thereof, Inv....more

Mintz - Intellectual Property Viewpoints

ALJ Cheney Holds that IPR Estoppel Does Not Apply to ITC Investigative Staff

In an Initial Determination finding that Fujifilm violated Section 337 by infringing two patents held by Sony, ALJ Cheney found another patent invalid after ruling that inter partes review (“IPR”) estoppel does not apply to...more

WilmerHale

Federal Circuit Patent Updates - August 2018

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Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

Foley & Lardner LLP

Is the International Trade Commission the Most Patent-Friendly Venue with a Complainant Success Rate Near 90%?

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There are many advantages to pursuing relief for patent infringement in the International Trade Commission (ITC) compared to U.S. district court, but one that receives little attention is the success rate for complainants...more

Jones Day

Commission to Weigh in on IPR Estoppel

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The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and...more

Jones Day

ITC Remains Unpersuaded by Final PTAB Rulings

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This week the ITC stood firm in its position that final PTAB rulings of unpatentability in IPR proceedings are not grounds to modify, suspend, or rescind remedial orders. In Certain Foam Footwear, Inv. No. 337-TA-567, the ITC...more

Jones Day

Federal Circuit Stay Order Demonstrates Value of Redesign as Defense in ITC Actions

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The Federal Circuit has determined to partially stay an ITC exclusion order as it pertains to products redesigned after the remedial orders issued. We have previously posted about Certain Network Devices, Related Software and...more

Jones Day

No Stay of Remedial Orders Even After PTAB Finds Claims Unpatentable

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The ITC has dealt a significant blow to the use of Inter Partes Review as a defense to a Section 337 investigation. In an order issued this week, the Commission denied a request to stay remedial orders that are currently on...more

Morrison & Foerster LLP - MoFo@ITC

Instradent v. ITC: Federal Circuit Oral Argument Highlights Concerns Regarding Parallel ITC, IPR, and District Court Proceedings

On July 11, 2017, Federal Circuit Judges Prost, O’Malley, and Chen heard oral arguments in the appeal captioned Instradent USA, Inc. v. ITC, No. 16-2336 (Fed. Cir.), and, on July 19, 2017, issued a Rule 36 judgment affirming...more

Goodwin

Section 337 Actions at the ITC: another forum for pharma and biosimilars litigation?

Goodwin on

With the growing volume of biosimilar and pharma litigation in district courts and before the PTAB, the U.S. International Trade Commission may emerge as another forum for patent holders against imported biosimilars. Section...more

WilmerHale

Federal Circuit Patent Updates - March 2016

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Clare v. Chrysler Group LLC (No. 2015-1999, 3/31/16) (Prost, Moore, Wallach) - Moore, J. Affirming summary judgment of non-infringement of patents related to storage compartment for pickup trucks. The Court rejected...more

Foley & Lardner LLP

An Invalidity Argument Without a Home? The PTAB's Discretion to Ignore Grounds for Invalidity

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By Shaun R. Snader[1] & George C. Beck The post-grant proceedings established by the America Invents Act – inter partes review (IPR), covered business method (CBM) review, and post-grant review (PGR) –promise faster,...more

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