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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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