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Patent Invalidity Precedential Opinion

Erise IP

Eye on IPRs: August 2024

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Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Addresses Waiver of Argument Not Raised in Request for...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #4

Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Appeal No. 2023-1035 (Fed. Cir. August 23, 2024) In its only precedential patent decision this week, the Federal Circuit helped clarify which facts may be...more

WilmerHale

Federal Circuit Patent Watch: Printed Matter Doctrine Applies to Communicative Content, Not All Communications

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Precedential and Key Federal Circuit Opinions - 1.  IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J.  The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and...more

Fish & Richardson

2023 Post-Grant Annual Report

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2023 was a busy year at the Patent Trial and Appeal Board, as post-grant practice continued to evolve at a rapid pace. At the United States Patent and Trademark Office, there were big developments in Director Review and...more

WilmerHale

Federal Circuit Patent Watch: “The” Computer Means the Same Computer

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Precedential and Key Federal Circuit Opinions - 1. FINJAN LLC V. SONICWALL, INC [OPINION] (22-1048, 10/13/2023) (Reyna, Bryson, and Cunningham) - Cunningham, J. The Court vacated the district court’s judgment of...more

WilmerHale

Federal Circuit Patent Watch: Pending, non-final litigation or IPR decision does not negate intent to infringe that is otherwise...

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Precedential and Key Federal Circuit Opinions - UNITED THERAPEUTICS CORPORATION v. LIQUIDIA TECHNOLOGIES, INC. [OPINION] (22-2217, 7/24/23) (Lourie, Dyk, and Stoll) - Lourie, J. The Court affirmed the district...more

WilmerHale

Federal Circuit Patent Watch: Patent owner assumes temporary burden of production when attempting to antedate prior art

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Precedential Federal Circuit Opinions - BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC. (21-2316, 6/9/23) (Prost, Chen, and Stark) - Prost, J. The Court affirmed the district court’s decision finding that a nonparty...more

WilmerHale

Federal Circuit Patent Watch: Dietary supplement patent invalid under 35 U.S.C. § 101 because “the asserted claims do not have...

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Precedential Federal Circuit Opinions - SSI TECHNOLOGIES, LLC v. DONGGUAN ZHENGYANG ELECTRONIC MECHANICAL LTD. [OPINION] (2021-2345, 2022-1039, 2/13/2023) (Reyna, Bryson, and Cunningham) - Bryson, J. The Court...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

WilmerHale

Federal Circuit Patent Watch: Federal Circuit Affirms Decision to Impose Discovery Sanctions Against Defendant for Late Disclosure...

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Precedential Federal Circuit Opinions - 1.  ADASA INC. v. AVERY DENNISON CORPORATION [OPINION] (2022-1092, 12/16/2022) (Moore, Hughes, and Stark) - Moore, C.J. The Court affirmed in part, vacated in part, and remanded...more

WilmerHale

Federal Circuit Patent Watch: Patent claims found to lack patentable subject matter because they used “functional language, at a...

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Precedential Federal Circuit Opinions - NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC. [OPINION] (2020-2257, 10/17/2022) (Newman, Lourie, and Dyk) - Newman, J. The Court reversed a district court judgment that the...more

WilmerHale

Federal Circuit Patent Watch: Assignor estoppel applies to claims that are not "materially broader" than the originally assigned...

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Precedential Federal Circuit Opinions - In Re MCDONALD [OPINION] (2021-1697, 8/10/2022) (Newman, Stoll, and Cunningham) - Cunningham, J. The Court affirmed a PTAB decision rejecting reissue claims under 35 U.S.C. §...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (June 13-17): A Concentration Claim Construction

It’s officially the start of summer, but the Federal Circuit is still hard at work:  last week the Court issued a few precedential opinions, several non-precedential decisions, and a handful of affirmances without opinion...more

WilmerHale

Federal Circuit Patent Watch - March 2022 #3

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Precedential Federal Circuit Opinions - BASF PLANT SCIENCE, LP. v. COMMONWEALTH SCIENTIFIC[OPINION]  (2020-1415, 2020-1416, 2020-1919, 2020-1920, 3/15/2022) (NEWMAN, TARANTO, and CHEN) - Taranto, J.  The Court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2022 #4

Hunting Titan, Inc. v. DynaEnergetics Europe GMBH, Appeal Nos. 2020-2163, -2191 (Fed. Cir. March 24, 2022) - In a notable review of the USPTO’s new Precedential Opinions Panel, the Federal Circuit discussed the...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

WilmerHale

Federal Circuit Patent Watch - February 2022

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Precedential Federal Circuit Opinions - KYOCERA SENCO INDUS. TOOLS INC. v. ITC [OPINION] (2020-1046, 2020-2050, 01/21/2022) (MOORE, DYK, and CUNNINGHAM) - Moore, C.J. The Court vacated and remanded an ITC decision...more

WilmerHale

Federal Circuit Patent Watch - December 2021

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Precedential Federal Circuit Opinions - INDIVIOR UK LIMITED v. DR. REDDY'S LABORATORIES S.A. [OPINION] (2020-2073, 2020-2142, 11/24/21) (Lourie, Linn, Dyk)       Lourie, J.  Affirming Board decision in IPR of patent...more

WilmerHale

CAFC Patent Cases - October 2021 #2

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Precedential Federal Circuit Opinions - CELGENE CORPORATION v. MYLAN PHARMACEUTICALS INC. [OPINION] (2021-1154, 11/05/2021) (PROST, CHEN, and HUGHES) - Prost, J. This is a case about venue and pleading under the...more

WilmerHale

CAFC Patent Cases - August 2021 #2

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Precedential Federal Circuit Opinions - SEABED GEOSOLUTIONS (US) INC. v. MAGSEIS FF LLC [OPINION] (2020-1237, August 11, 2021) (MOORE, LINN and CHEN) - Moore, Chief Judge. Vacating final written decision of the Patent...more

WilmerHale

CAFC Patent Cases - June 2021

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Precedential Federal Circuit Opinions - BIO-RAD LABORATORIES, INC. v. INTERNATIONAL TRADE COMMISSION [OPINION] (2020-1475, 2020-1605, May 28, 2021) (Newman, Lourie, Dyk)  Lourie, J. Affirming the decision of the...more

WilmerHale

CAFC Patent Cases - May 2021 #2

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Precedential Federal Circuit Opinions - CAP EXPORT, LLC v. ZINUS, INC. [OPINION]  (2020-2087, 5/5/21) (Dyk, Bryson, Hughes) - Dyk, J. Affirming decision to set aside judgment and injunction pursuant to Federal Rule of...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (April 19-23): Contingent Findings v. Alternative Holdings

As many of you probably saw, Chief Judge Prost’s tenure as Chief Judge of the Federal Circuit is coming to a close, with Judge Moore set to become the new Chief Judge on May 22. But the upcoming transition doesn’t seem to...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (March 1-5): Purely Functional Claiming And Means-Plus-Function Elements

Last week was argument week, and the Federal Circuit previewed its new YouTube channel for streaming live arguments (sadly, audio only for now).  Still, that didn’t slow the Federal Circuit down in issuing opinions, including...more

Jones Day

PRECEDENTIAL: Trial Court Stay Weighs Strongly Against Fintiv Denial

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The USPTO designated Snap, Inc. v. SRK Tech. LLC, IPR2020-00820 (PTAB October 21, 2020) (Paper 15) (“Snap”) as precedential as to § II.A regarding its discretion under 35 U.S.C. § 314(a) to deny institution of inter partes...more

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