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The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions
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Wolf Greenfield Attorneys Preview What’s Ahead in 2024
Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023
5 Key Takeaways | Best Practices in Patent Drafting: Addressing 112 and Enablement after Amgen
(Podcast) The Briefing: Netflix to Pay $2.5M to GoTV for Patent Infringement
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Intellectual Property In Department of Defense Contracting
The Art of Teaching Complex Technology in Patent Litigation - IMS Insights Podcast Episode 67
USPTO Director Review — Patents: Post-Grant Podcast
Director Jason A. Fitzsimmons and Counsel Richard A. Crudo will present the “Developments in IPR Estoppel” webinar on Tuesday, December 5, 2023, at 1:00 PM ET. The possibility of being estopped from asserting prior art in...more
I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making. From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in...more
Can’t Stop a Bull: Limits of Claim Preclusion - In Inguran, LLC Dba Stgenetics v. Abs Global, Inc., Genus Plc, Appeal No. 22-1385, the Federal Circuit held that claim preclusion does not bar an induced infringement claim...more
The Patent Trial and Appeal Board has denied a patent owner’s motion to terminate an inter partes review proceeding finding that the unidirectional nature of estoppel under 35 U.S.C. § 315(e) renders common-law claim...more
On June 2, 2023,the PTAB held the standard enunciated in Astoria Federal Sav. & Loan Ass’n v. Solimino, 501 U.S. 104 (1991) applies to claim preclusion determinations. This was yet another decision in the ongoing battle...more
Fans of civil procedure will want to check out our case of the week, which offers an interesting discussion of the requirements for claim preclusion in patent infringement suits—and a reminder about the distinctions between...more
Applying Seventh Circuit law to determine whether the dismissal of patent infringement claims should be upheld on the basis of claim preclusion, the US Court of Appeals for the Federal Circuit reversed a district court ruling...more
INGURAN, LLC, DBA STGENETICS v. ABS GLOBAL, INC., GENUS PLC - Before Lourie, Bryson, and Reyna. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Claim preclusion does not bar...more
On June 21, 2022, Judge Gabriel W. Gorenstein (S.D.N.Y.) granted Defendant Verifone System Inc.’s (“Verifone”) motion to dismiss the complaint of Plaintiff Chikezie Ottah (“Ottah”) yet again. Ottah alleged that Verifone...more
Case Name: Horizon Medicines LLC v. Dr. Reddy’s Labs., Inc., No. 15-3324 (SRC), 2022 WL 577957 (D.N.J. Feb. 24, 2022) (Chesler, J.) Drug Product and Patent(s)-in-Suit: Vimovo® (naproxen/esomeprazole magnesium); U.S. Patents...more
On April 20, in Sebela Ireland v. Prinston Pharmaceutical, the Federal Circuit held that Sebela’s appeal challenged only contingent patent invalidity findings and dismissed the appeal for lack of constitutional standing. In...more
In a relatively quiet third quarter of 2020, the Federal Circuit decided issues on joinder, estoppel, claim preclusion, and importantly, upheld the Patent Trial and Appeal Board process finding that cancellation of patent...more
XY, LLC v. TRANS OVA GENETICS, LC - Before Wallach, Plager, and Stoll. Appeal from the United States District Court for the District of Colorado. Summary: Claims directed to improving a method of operating an apparatus...more
Non-Infringement Need Not Be “Actually Litigated” To Shield Accused Products From Infringement Liability In Subsequent Actions - In In Re Personal Web Technologies LLC, Appeal No. 19-1918, the Federal Circuit ruled that the...more
269-1. Federal Circuit Confirms Amazon’s Customers are Protected from Lawsuit via the Kessler Doctrine, Despite the Previous Case being Voluntarily Dismissed with Prejudice. ...more
Last week, the Federal Circuit invoked the Kessler doctrine in ruling that a district court’s dismissal of the plaintiff’s patent infringement suit against Amazon barred the plaintiff’s subsequent lawsuits against Amazon and...more
In Re Personal Web Technologies LLC - Before Wallach, Bryson, and Taranto. Appeal from the United States District Court for the Northern District of California. Summary: The Kessler doctrine is not limited to cases...more
Chief Judge Saris of the District of Massachusetts has granted-in-part a product manufacturer’s motion seeking summary judgment of claim preclusion based on patentee’s prior assertion of the same patent against a component...more
In reversing a district court decision as to whether a validity issue remained justiciable after the challenged claims were disclaimed, the US Court of Appeals for the Federal Circuit explained that the patent owner’s...more
The Federal Circuit ruled that statutory disclaimer terminates the case or controversy between the parties in an infringement suit as to those claims, and immediately deprives the district court of the authority to take...more
In IPR2019-00567 (Paper 23 at 29-30) and IPR2019-00568 (Paper 22 at 23-24), the PTAB, for potentially the first time, denied institution partially based on the Petitioner raising the same issues in its Petition that had been...more
PATENT CASE OF THE WEEK - Papst Licensing GMBH & Co. KG v. Samsung Electronics America, Inc., Appeal No. 2018-1777 (Fed. Cir. May 23, 2019) - In a sternly-worded decision this week, the Federal Circuit held claims to...more
In Re Brandt (No. 2016-2601, 3/27/18) (Lourie, Reyna, Taranto) - Reyna, J. Affirming PTAB rejection of application claims for obviousness. “Based on Appellants' many concessions that there is no meaningful difference...more
PATENT CASE OF THE WEEK - SimpleAir, Inc. v. Google LLC, Appeal No. 2016-2738 (Fed. Cir. 2018) - In SimpleAir, Inc. v Google LLC, the Federal Circuit vacated a district court’s motion to dismiss pursuant to Rule...more
In a complex 42-page decision, the US Court of Appeals for the Federal Circuit addressed issues of assignor estoppel, claim indefiniteness, subject matter eligibility, claim preclusion, willfulness and lost profits damages...more