Popular, Patents, Appeals

Interference Analysis Is a Two-Way Street

McDermott Will & Emery on 6/6/2024

On appeal from an interference proceeding, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision that found the claims of the senior party’s patent were not invalid as time-barred...more

Danger Ahead? Graham and KSR Now Apply to Design Patents

McDermott Will & Emery on 5/24/2024

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for...more

ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

McDermott Will & Emery on 4/11/2024

Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more

Reasonable Royalty Available for Foreign Activities (But Not This Time)

McDermott Will & Emery on 4/11/2024

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a patent owner from seeking damages based on method claims infringed outside of the United States but confirmed that reasonable...more

Trial Court Ruling Threatens Patent Portfolio Development

Sunstein LLP on 4/9/2024

A recent decision by a San Francisco federal district court judge imperils the way many significant patent portfolios are developed. In Sonos v. Google, Judge William Alsup held that two patents asserted by Sonos against...more

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Bradley Arant Boult Cummings LLP on 11/29/2023

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

Half an hour for a bifurcation: UPC Central Division rejects preliminary objection after first oral hearing

A&O Shearman on 8/25/2023

The decision concerns the time of filing and admissibility of a revocation action at the Central Division when a parallel infringement action is filed at a local division (Art. 33(4) UPCA). Art 33(4) UPCA states that...more

Canadian Patent law 2022: A Year in Review

Smart & Biggar on 1/16/2023

2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a range of court decisions...more

Patent Poetry: Federal Circuit Rules AI Can't Invent

AEON Law on 8/15/2022

The Federal Circuit has ruled that only human beings – and not an artificial intelligence (AI) can be considered an “inventor” under US patent law. (We wrote about this issue way back in 2017, by the way…)... ...more

Update on Artificial Intelligence as a Patent Inventor

Proskauer - Life Sciences on 1/19/2022

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more

It’s a Date – Twitter Reply Proves Prior Art Publication Date

Knobbe Martens on 12/1/2020

VIDSTREAM LLC V. TWITTER, INC. Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be...more

Reasonable Or Not, Make Sure You Don’t Believe You Infringe

Knobbe Martens on 10/28/2020

TECSEC, INC., v. ADOBE INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the Eastern District of Virginia. Summary: Even if it would be objectively reasonable to view a defendant’s conduct as...more

One Claim Construction Error Is Enough to Trigger New Trial on Infringement

McDermott Will & Emery on 10/8/2020

The US Court of Appeals for the Federal Circuit re-affirmed that incorrect construction of even a single claim element can be grounds for a new trial on infringement. Network-1 Technologies, Inc. v. Hewlett-Packard Company,...more

IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on 8/14/2020

The Federal Circuit has spent the past few years applying the Supreme Court's most recent precedent, Nautilus, Inc. v. Biosig Instruments, Inc., on the indefiniteness standards in the patent statute. 35 U.S.C. § 112(b). The...more

No License, No Chips, No Problem: Ninth Circuit Delivers Qualcomm a Win in Antitrust Case Brought by the US Federal Trade...

Goodwin on 8/12/2020

In a much anticipated opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court decision holding that Qualcomm violated U.S. antitrust laws in its licensing of standard-essential patents in...more

XY, LLC v. Trans Ova Genetics, LC (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on 8/4/2020

Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC v. Trans Ova Genetics, LC to distinguish claims directed toward a patent-eligible invention from...more

Federal Circuit Review - June 2020

Knobbe Martens on 8/4/2020

Non-Infringement Need Not Be “Actually Litigated” To Shield Accused Products From Infringement Liability In Subsequent Actions - In In Re Personal Web Technologies LLC, Appeal No. 19-1918, the Federal Circuit ruled that the...more

A Patentee Cannot Circumvent the Marking Requirement by Proving Separate Infringement of Method Claims

Knobbe Martens on 7/16/2020

PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC. Before Lourie, Reyna, and Hughes. Appeal from U.S. District Court for the Eastern District of Texas - Summary: The defendant’s infringement of method claims through...more

The Federal Circuit Broadens Application of the Kessler Doctrine

Mintz - Intellectual Property Viewpoints on 6/24/2020

Last week, the Federal Circuit invoked the Kessler doctrine in ruling that a district court’s dismissal of the plaintiff’s patent infringement suit against Amazon barred the plaintiff’s subsequent lawsuits against Amazon and...more

District Courts Find PTAB Statements Constitute Disclaimer

Jones Day on 6/19/2020

In Linksmart Wireless Tech., LLC v. Caesars Entm’t Corp., Case No. 2:18-cv-00862-MMD-NJK (D. Nev. May 8, 2020) the Court addressed disputed claim terms in U.S. Reissued Patent No. RE46,459 (the “’459 Patent”), Linksmart had...more

Federal Circuit Hears Oral Argument in Bevacizumab Preliminary Injunction Appeal

Goodwin on 6/5/2020

Today, a panel of the Federal Circuit (Judges Moore, O’Malley, and Hughes) heard oral argument in Genentech v. Amgen. The case is on appeal from the District of Delaware, where the court denied Genentech’s motion for...more

Federal Court dismisses ViiV’s action for patent infringement re: Gilead’s BIKTARVY following summary trial on claim construction

Smart & Biggar on 5/10/2020

Update: see our article here regarding the dismissal of ViiV’s appeal. On April 6, 2020, the Federal Court granted Gilead’s motion for summary trial and dismissed ViiV’s action: ViiV Healthcare Company v Gilead Sciences...more

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