News & Analysis as of

Patents Appellate Courts Inter Partes Review (IPR) Proceeding

Jones Day

Federal Circuit Reverses District Court’s Application Of Collateral Estoppel

Jones Day on

Kroy IP Holdings, LLC sued Groupon, Inc., alleging infringement of 13 claims of U.S. Patent No. 6,061,660 (“’660 patent’), which relates to incentive programs over computer networks. Those claims were invalidated via...more

Knobbe Martens

IPR Standing Arguments Not Presented to the Board Are Forfeited

Knobbe Martens on

APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC - Before Moore, Prost, and Stoll. Appeal from the Patent Trial And Appeal Board. A patent owner forfeits its argument that an IPR petitioner lacks standing under 35 U.S.C....more

McDermott Will & Emery

Collateral Estoppel Doesn’t Apply to Unchallenged IPR Claims

McDermott Will & Emery on

The US Court Appeals for the Federal Circuit found that despite a Patent Trial & Appeal Board determination that certain challenged patent claims were unpatentable based on a preponderance of the evidence standard, the patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2025 #3

Bearbox LLC v. Lancium LLC, Appeal No. 2023-1922 (Fed. Cir. Jan. 13, 2025) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s determination that appellants Bearbox and Austin Storms—Bearbox’s...more

Warner Norcross + Judd

Federal Circuit Affirms the Use of ‘Secret’ Prior Art

Warner Norcross + Judd on

In a recent precedential opinion, the United States Court of Appeals for the Federal Circuit affirmed that a patent application constitutes prior art as of its filing date, not its publication date. In Lynk Labs. Inc. v....more

Fox Rothschild LLP

Federal Circuit Revamps Obviousness Test for Design Patents

Fox Rothschild LLP on

In a recent en banc panel decision, the U.S. Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Reasoning that the old test was “improperly rigid,” the Federal Circuit...more

Bradley Arant Boult Cummings LLP

High Court to Review Whether Assignor Estoppel Prevents Assignor from Filing an IPR or Relying on a Prior Invalidity Decision

Last spring in Hologic, Inc. v. Minerva Surgical, Inc., the Federal Circuit ruled that the doctrine of assignor estoppel does not prevent an assignor from lodging a validity challenge of either patent in an IPR proceeding. In...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2020 #3

C.R. Bard Inc. v. AngioDynamics, Inc., Appeal No. 2019-1756, -1934 (Fed. Cir. Nov. 10, 2020) - Our Case of the Week is one of two cases decided this week in which the Federal Circuit finds that a district court jumped the...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 24-28): No Judicial Estoppel from Inventorship About-Face

Last week the summer was winding down and the Federal Circuit was gearing up for its September argument session. But the Court still found time to hand down a number of decisions—17 in total. Below we provide our usual weekly...more

McDonnell Boehnen Hulbert & Berghoff LLP

Uniloc 2017 LLC v. Hulu, LLC (Fed. Cir. 2020)

Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims.  The appeal raises issues of finality...more

Haug Partners LLP

Uniloc v. Hulu - Federal Circuit Clash over Scope of PTAB Review of Substitute Claims

Haug Partners LLP on

WHAT DO WE KNOW? 1. On July 22, 2020, a sharply split Federal Circuit panel held that “[t]he PTAB correctly concluded that it is not limited by § 311(b) in its review of proposed substitute claims in an IPR, and that it...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide