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Patents Extraordinary Circumstances Exception Patent Litigation

Jones Day

New Declarations with a Sur-reply Require Extraordinary Circumstances

Jones Day on

In a 2-1 decision, the Patent Trial and Appeal Board (“PTAB”) denied a patent owner’s motion to file two new declarations in connection with its sur-reply, holding that the patent owner failed to prove the extraordinary...more

Knobbe Martens

Defendant Awarded Attorney Fees After NPE Dismissed Frivolous Case with Prejudice

Knobbe Martens on

BLACKBIRD TECH LLC v. HEALTH IN MOTION LLC - Before Wallach, Prost, and Hughes. Appeal from U.S. District Court for the Central District of California. Summary: The Federal Circuit affirmed a finding that a frivolous...more

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