News & Analysis as of

Patents Technology Sector Inter Partes Review (IPR) Proceeding

Sheppard Mullin Richter & Hampton LLP

You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) – On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review (“IPR”) decisions invalidating all claims of three AliveCor...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Trial Statistics Trends at the PTAB: 2024 Edition

At the end of each fiscal year running from October 1 through September 30, the Patent Trial and Appeal Board (“PTAB”) provides a summary of its trial statistics. This information provides practitioners with useful insight...more

A&O Shearman

Election Results Are In—Here’s How IP Disputes Policy May Change.

A&O Shearman on

Intellectual property policy may not have driven many voters to the polls on November 7, but change was on the ballot. Below, we summarize changes in U.S. intellectual property law that you might see starting in January 2025....more

Dechert LLP

2024 Election - Implications on Technology - Update

Dechert LLP on

Under the Trump administration, the real estate sector will likely face new circumstances defined by deregulation, leadership changes and tax reforms. While reduced compliance costs and regulatory burdens might pose...more

Fish & Richardson

Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims

Fish & Richardson on

Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more

Jones Day

Patent Appendix That Was Referenced, But Not Incorporated, Is Not Prior Art

Jones Day on

In Apple Inc. v. DoDots Licensing Sols. LLC, IPR2023-00939, Paper 12 (PTAB Jan. 3, 2024) (“Decision”), the PTAB clarified what is and what is not part of the prior art, and as such what can be considered by the PTAB in an IPR...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Jones Day

Patent Owner Ordered To Produce Infringement Contentions

Jones Day on

On May 3, 2022, a panel of three PTAB administrative patent judges granted a motion for additional discovery in TCL Industries Holdings Co., Ltd. v. Parkervision, Inc., IPR2021-00985, (PTAB 2022), in which the PTAB deemed the...more

Foley & Lardner LLP

CBM Review: A Postmortem

Foley & Lardner LLP on

Covered business method (CBM) review is scheduled to end on September 15 this year. Part of the Leahy-Smith American Invents Act, CBM review was envisioned as a transitional tool for accused infringers to challenge weak...more

Sheppard Mullin Richter & Hampton LLP

Popular Open Source Software under Patent Attack

Sound View Innovations is launching patent attacks against commonly used open source software including jQuery and Apache Hadoop. Sound View is targeting end users of these software components. This is a typical tactic of...more

Shook, Hardy & Bacon L.L.P.

Sound View Escalates Patent Assault on Open Source Software with New Wave of Lawsuits

Sound View Innovations, an IP licensing company that is quickly becoming a prolific Non-Practicing Entity (NPE), has ramped up its litigation campaign by filing seven more lawsuits in 2019. Similar to the patent lawsuits that...more

McDermott Will & Emery

Not Interested? PTAB Declines to Find Google a Real-Party-in-Interest—Twice

Addressing whether an entity should be named as a real-party-in-interest (RPI), the Patent Trial and Appeal Board (PTAB) determined that Google did not need to be listed as an RPI in two separate sets of inter partes review...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2019 #2

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2013-1527, 2014-1121, -1526, -1528 (Fed. Cir. Jan. 11, 2019) - In the continuing saga between WesternGeco and ION Geophysical, a Federal...more

Esquire Deposition Solutions, LLC

U.S. IPR Patent Review Process Legality Has Been Upheld

Houston-based oilfield services company Oil States International, Inc. challenged the legality of inter partes review (IPR), a patent review process that allows the Patent Trial and Appeal Board (PTAB) to hold hearings with...more

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

Design Patent pto litigation statistics (through JANUARY 15, 2018)

The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. No new design patent petitions have been filed since April 2017, and only one Board...more

Patterson Belknap Webb & Tyler LLP

Judge Koeltl Agrees that “Access” to Confidential Information is Enough to Trigger a Prosecution Bar

On November 20, 2017, District Judge John G. Koeltl (S.D.N.Y.) approved a prosecution bar for “any individual who gains access” to confidential material. In addition, Judge Koeltl determined that post-issuance proceedings,...more

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

Design Patent PTO Litigation Statistics (through OCTOBER 15, 2017)

Since July 2017, there have been no new design institution decisions, and a pair of final written decisions that resulted in cancelled claims. No new design patent petitions have been filed since April 2017. The statistics...more

Robins Kaplan LLP

Lessons for Life Science and Medical Device Companies Post-Nautilus

Robins Kaplan LLP on

Under the U.S. Patent laws, claims must particularly point out and distinctly claim what the inventor understands her invention to be. Up until three years ago, the inquiry for determining indefiniteness was to ask whether...more

Shook, Hardy & Bacon L.L.P.

GEMSA’s Patent Onslaught Against Cloud Computing Customers

Global Equity Management (SA) Pty. Ltd. (“GEMSA”), a foreign non-practicing entity (“NPE”) organized under the laws of Australia, filed almost 40 patent lawsuits in five batches in 2015 and 2016. The majority of these...more

Fenwick & West LLP

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

Fenwick & West LLP on

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Troutman Pepper Locke

CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding

Troutman Pepper Locke on

In an inter partes review (IPR) proceeding, the meaning of terms used in challenged claims of an unexpired patent are given their broadest reasonable interpretation in light of the claim language and the specification. The...more

K&L Gates LLP

Is Inter Partes Review Set for Supreme Court Review?

K&L Gates LLP on

In re Cuozzo Speed Tech., LLC presented the Federal Circuit with its first opportunity to address important, open questions about how the Patent Trial and Appeal Board (PTAB) handles its relatively new Inter Partes Review...more

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