News & Analysis as of

Patents Prior Art Inter Partes Reexamination

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

PTAB Denies Untimely Request to Stay Pending Reexaminations

by Jones Day on

In Juniper Networks, Inc. v. Chrimar Systems, Inc., IPR2016-01389, Paper 62 (PTAB Sept. 12, 2017), the PTAB denied Petitioner’s request to stay two reexaminations of patents that were also the subject of pending IPR...more

Obviousness Does Not Require Absolute Predictability

by McDermott Will & Emery on

Addressing the issue of obviousness, the US Court of Appeals for the Federal Circuit affirmed three inter partes re-examination decisions of the Patent Trial and Appeal Board (PTAB) invalidating numerous claims in each of...more

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

by Knobbe Martens on

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more

Declarations from Inventors of Prior Art Could Create Genuine Dispute over Motivation to Combine - Ivera Medical Corp. v. Hospira,...

by McDermott Will & Emery on

Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit held that the district court erred in granting summary judgment of invalidity because plaintiff patentee established a genuine issue of...more

Federal Circuit Review | April 2015

by Knobbe Martens on

No Recovery Of Lost Profits From Related Companies’ Activities - In WARSAW ORTHOPEDIC, INC. v. NUVASIVE, INC., Appeal Nos. 2013-1576, -1577, the Federal Circuit held that a company was not entitled to lost profits based...more

General Conclusions About Basic Knowledge or Common Sense Are Insufficient for Core Factual Findings

by McDermott Will & Emery on

K/S HIMPP v. Hear-Wear Techs., LLC - Addressing whether the U.S. Patent and Trademark Office (USPTO) properly refused to reject as obvious a claim calling for a multi-prong electrical connection, the U.S. Court of...more

GENERICally Speaking - Vol. 4, No. 1

by Robins Kaplan LLP on

The Hatch-Waxman Litigation and Life Sciences practice groups at Robins, Kaplan, Miller & Ciresi L.L.P. are pleased to offer the latest edition of their quarterly publication regarding ANDA patent litigation issues and the...more

Reference with Missing Pages May Be Used in Reexamination - In re Enhanced Security Research, LLC

by McDermott Will & Emery on

Addressing the issue of whether, in a patent reexamination, a reference with missing pages may be submitted and relied upon by the patent examiner in rejecting patent claims, the U.S. Court of Appeals for the Federal Circuit...more

Patent Watch: Rexnord Indus., LLC v. Kappos

by BakerHostetler on

"[A]nticipation by inherent disclosure is appropriate only when the reference discloses prior art that must necessarily include the unstated limitation, [or the reference] cannot inherently anticipate the claims."...more

Patent Watch: C.W. Zumbiel Co. v. Kappos

by BakerHostetler on

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

Belkin International, Inc. v. Kappos - A Cautionary Tale in the Intricate Arena of Inter Partes Reexamination

On Tuesday of last week, the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does...more

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Cybersecurity

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