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2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more
It has now been over three years since the U.S. Supreme Court handed down its transformative patent decision in Alice Corp. v. CLS Bank. During that time, the Federal Circuit has issued only a precious few decisions upholding...more
UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance...more
An expanded panel of the PTAB recently provided additional guidance on when it may exercise its discretion not to institute proceedings. Petitioner General Plastic Industrial Co., Ltd. originally challenged two patents in IPR...more
On August 15, 2017, the Federal Circuit issued a decision in Visual Memory LLC v. NVIDIA Corp. that provides a favorable decision applicants and patentees can rely upon in seeking to obtain and defend patent claims directed...more
In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court’s holding that Visual Memory’s U.S. Patent No. 5,953,740 is drawn to patent-ineligible subject matter. Instead, the court ruled that...more
When considering the patent-eligibility of claims, size usually matters. Claims that are longer and recite more detailed inventions tend to be more likely to survive 35 U.S.C. § 101 challenges than those that are shorter and...more
Addressing the award of attorneys’ fees by the district court, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s grant of fees under § 285 and affirmed the district court’s denial of fees under §...more
FEDERAL CIRCUIT CASES - Federal Circuit Throws Out $2 Million Award to Nvidia and Sony - Despite the Supreme Court's Octane Fitness decision making it easier to award attorneys’ fees, the Federal Circuit has...more