News & Analysis as of

Patent Invalidity Dismissal With Prejudice Patent Litigation

Sheppard Mullin Richter & Hampton LLP

Koss Corporation v. Bose Corporation

This case addresses the application of issue preclusion in relation to the validity of three patents. In particular, this case focuses on the implications of decisions made during the dismissal of pending litigations and...more

Jones Day

Joinder Denied For Petitioner Whose Invalidity Case Was Dismissed With Prejudice

Jones Day on

In the PTAB’s recent decision in Code 200 v. Bright Data Ltd., IPR2021-01503, Paper No. 13 (PTAB Mar. 14, 2022), the PTAB expounded upon the circumstances in which joinder of a “me-too” case under § 315(b) was not...more

Knobbe Martens

Costs Awarded to Defendant After Case Dismissed for Mootness

Knobbe Martens on

B.E. TECHNOLOGY, L.L.C. v. FACEBOOK, INC. Before Lourie, Plager, and O’Malley. Appeal from the United States District Court for the Western District of Tennessee. Summary: A decision on the merits is not a prerequisite...more

Foley & Lardner LLP

PTAB Precedential Decision on 35 U.S.C. § 315(a)(1) Shows Dismissed Civil Actions Still Bar IPR Institution

Foley & Lardner LLP on

The PTAB recently designated a decision interpreting 35 U.S.C. § 315(a)(1) as precedential. Cisco Systems Inc. v. Chrimar Systems, Inc. (IPR2018-01511, Paper No. 11) addresses the 35 U.S.C. § 315(a)(1) bar in light of the...more

Knobbe Martens

Federal Circuit Review - April 2019

Knobbe Martens on

Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Patterson Belknap Webb & Tyler LLP

Judge Cote Holds Attorneys Liable for Trying to Keep a “Baseless” Case in E.D. Tex. that Sought Nuisance Payments from Numerous...

On December 8, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants Gust, Inc.’s (hereinafter, “Gust”) motion for attorneys’ fees and costs under 35 U.S.C. § 285 and 28 U.S.C. § 1927 against plaintiff AlphaCap...more

Foley & Lardner LLP

It’s a Jungle Out There: A Reexamination Certificate Containing Amended Claims May Be Insufficient to Vacate a Prior Judgment of...

Foley & Lardner LLP on

In a case with a unique procedural history the Federal Circuit addressed whether claims amended during an ex parte reexamination proceeding required vacating a prior judgment of invalidity (on patent eligibility grounds) on...more

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