News & Analysis as of

Prior Art Federal Rules of Civil Procedure Appeals

Morgan Lewis

Public Use and Estoppel Reexamined: Strategic Lessons from Ingenico

Morgan Lewis on

This LawFlash details strategic takeaways and practical lessons from the recent US Court of Appeals for the Federal Circuit case on IPR estoppel, evidence of public use, and jury instructions on specific issues....more

Sheppard Mullin Richter & Hampton LLP

The Federal Circuit Affirms Deterrence Sanctions

The Federal Circuit affirmed a district court’s award of sanctions for bad faith against a plaintiff’s conduct based on the meritless nature of several lawsuits filed in incorrect venues....more

Venable LLP

Bad Faith Litigation Exposed: Federal Circuit Affirms Deterrence Sanctions in PS Products v. Panther Trading

Venable LLP on

Wrongheaded patent litigation conduct has consequences. Following a recent decision from the Federal Circuit, PS Products Inc. (PSP) and its counsel will be paying over $50,000 in attorney fees and sanctions to Panther...more

WilmerHale

CAFC Patent Cases - May 2021 #2

WilmerHale on

Precedential Federal Circuit Opinions - CAP EXPORT, LLC v. ZINUS, INC. [OPINION]  (2020-2087, 5/5/21) (Dyk, Bryson, Hughes) - Dyk, J. Affirming decision to set aside judgment and injunction pursuant to Federal Rule of...more

McDermott Will & Emery

Reasonably Continuous Diligence to Reduction to Practice is Enough

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit explained that diligence towards reduction to practice may be established by a showing of reasonably continuous activity. ATI Techs. ULC v. Iancu, Case Nos. 2016-2222, -2406,...more

McDermott Will & Emery

Patentee’s Willful Ignorance, Vexatious Lawsuits Set Off Alarm Bells

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional and found that the patentee’s willful ignorance of prior art and commencement of multiple...more

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