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Volpe Koenig

When an IDS Comes Back to Haunt You: Lessons from iRhythm v. Welch Allyn

Volpe Koenig on

Patent attorneys are well-versed in the function of the Information Disclosure Statement (IDS) during prosecution. We understand that listing prior art in an IDS satisfies the duty of candor, helps insulate patents from...more

Axinn, Veltrop & Harkrider LLP

Failing the Litmus Test? Weighing the Extrinsic Evidence in Construing "a pH of 13 or higher"

Axinn, Veltrop & Harkrider LLP on

The Federal Circuit's claim construction gospel set forth in Phillips has been entrenched in the minds of patent litigators for nearly 20 years.1 The intrinsic evidence - the claims, specification, and prosecution history -...more

Jones Day

Director Demonstrates Ability to Review Non-Dispositive PTAB Determinations

Jones Day on

On May 16, 2023, Director Katherine Vidal vacated a portion of a final written decision regarding real parties in interest (“RPIs”) in Unified Patents, LLC v. Memory Web, LLC, IPR2021-01413. Director Vidal held that the...more

Proskauer - New England IP Blog

“Blatant and Unapologetic” Judge Shopping Warrants “Exceptional Case” Determination

Proskauer - New England IP Blog on

In a dramatic conclusion to the nearly seven year old patent litigation between Datatern and Microstrategy (including a number of Microstrategy’s customers), Judge Saylor in the District of Massachusetts recently awarded...more

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