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Patents Prior Art Nike

Fenwick & West LLP

Rescinding a Specification Disclaimer Introduces New Matter

Fenwick & West LLP on

A recent case before the U.S. Court of Appeals for the Federal Circuit serves as an important reminder of the distinction between a disclaimer introduced in the specification of a patent and a disclaimer introduced during...more

Manatt, Phelps & Phillips, LLP

Patent Held Invalid—Specification Disclaimer Prevented Claim to Earlier Priority Date

In Akeva L.L.C., v. Nike, Inc., the Federal Circuit held that a disclaimer in a specification that excluded a particular embodiment prevented later claims in the continuation patents from claiming the excluded embodiment,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Adidas AG v. Nike, Inc. (Fed. Cir. 2020)

Although the Federal Circuit faced obviousness issues that were simple to resolve in Adidas AG v. Nike, Inc., it saw an opportunity to continue to clarify its jurisprudence regarding standing on appeal from an adverse final...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - April 2019: The Federal Circuit Clarifies The Notice Requirements Of The Administrative Procedure...

In Nike, Inc. v. Adidas AG, No. 19-1262 (Fed. Cir. Apr. 9, 2020), the Federal Circuit offered important guidance to Patent Trial and Appeal Board (PTAB) litigants regarding how the notice requirements of the Administrative...more

Knobbe Martens

PTAB Must Give Notice and Opportunity to Respond When Raising Its Own Theory of Unpatentability

Knobbe Martens on

NIKE, INC. v. ADIDAS AG - Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Patent Trial and Appeal Board may sua sponte identify a patentability issue for a proposed...more

McDonnell Boehnen Hulbert & Berghoff LLP

Nike, Inc. v. Adidas AG (Fed. Cir. 2020)

The procedural niceties of the U.S. Patent and Trademark Office's implementation of the post-grant review features of the Leahy-Smith America Invents Act continue to be explicated in the Federal Circuit (and of course, the...more

Knobbe Martens

Federal Circuit Review - August 2018

Knobbe Martens on

The Board’s Final Written Decision Must Address All Grounds for Unpatentability Raised in a Petition for Inter Partes Review - In Adidas AG v. Nike, Inc., Appeal Nos. 2018-1180, 2018-1181, the Federal Circuit held that...more

Knobbe Martens

Adidas AG v. Nike, Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Supreme Court’s decision in SAS Institute Inc. v. Iancu requires the Board in an instituted...more

McDermott Will & Emery

Keeping Score at the PTAB

McDermott Will & Emery on

Motorola v. Mobile Scanning; Adidas v. Nike; Berk-Tek v. Belden; Munchkin, Inc. v. Luv N' Care, Ltd. - In the final written decisions of five inter partes reviews (IPRs) the Patent Trial and Appeal Board (PTAB)...more

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