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Preponderance of the Evidence Burden of Proof Patent Litigation

AEON Law

Patent Poetry: The “Skilled Searcher” and IPR Estoppel

AEON Law on

The Federal Circuit has issued an opinion on the burden of proof for establishing estoppel in a case involving an inter partes review (IPR) petition. The case is Ironburg Inventions Ltd. v. Valve Corp....more

Weintraub Tobin

District Court Denies Defendant’s Motion For Attorney’s Fees Even After Granting Clear Summary Judgment On Noninfringement Grounds

Weintraub Tobin on

In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining...more

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

2019 PTAB Year in Review: Analysis & Trends: The PTAB’s Evolving Evidentiary Standards: Printed Publications at the Institution...

The PTAB’s evolving evidentiary standards often perplex petitioners and patent owners.  Historically, significant party effort has gone into attempting to establish that non-patent literature, such as articles, textbooks,...more

WilmerHale

Here We Go Round the Merry-Go-Round: How a § 101 Denial May Inform a Subsequent Motion

WilmerHale on

With the explosion of 35 U.S.C. § 101 challenges since Alice v. CLS Bank,1 litigants and courts are well familiar with its applicable two-part inquiry. Overlaying and shaping the Alice inquiry, however, are the parties’...more

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