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Patent Validity Inter Partes Review (IPR) Proceeding CAFC

McDermott Will & Emery

The Clear and Unmistakable Standard for Applying Prosecution Disclaimer

The US Court of Appeals for the Federal Circuit found that a district court misconstrued claim terms based on a misapplication of the clear and unequivocal disavowal standard and vacated its noninfringement decision. Maquet...more

Rothwell, Figg, Ernst & Manbeck, P.C.

ABS Global v. Cytonome/St, LLC: Mootness and Preserving the Argument for Vacatur

In 2017, Cytonome filed suit in the Western District of Wisconsin (“the District Court”), accusing ABS of infringing six of its patents, including US Patent No. 8,529,161 (“the ’161 patent”). Subsequently, in October 2017,...more

Mintz - Intellectual Property Viewpoints

CAFC’s Husky Decision Makes Sledding Tougher for Patent Owners in PTAB Appeals

The Federal Circuit recently determined that it lacked jurisdiction to review the Patent Trial and Appeal Board’s determination that assignor estoppel has no affect in an inter partes review (“IPR”). The majority’s decision...more

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