News & Analysis as of

Rebuttable Presumptions Burden-Shifting

Bradley Arant Boult Cummings LLP

Single Entity Requirement Under 35 U.S.C. § 271(a-b) Does Not Carry Over to § 271(g) - Intellectual Property News

On Wednesday, the Federal Circuit held that infringement under 35 U.S.C. § 271(g) does not require a single entity to perform, direct, or control all of the steps of a patented process for infringement liability to arise from...more

White & Case LLP

California's New Reverse Payment Law Departs from Supreme Court Standard in FTC v. Actavis

White & Case LLP on

On October 7, 2019, California became the first state to enact legislation—Assembly Bill 824 ("AB 824")—rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive. This alert...more

Knobbe Martens

Federal Circuit Review - October 2018

Knobbe Martens on

IPR Petitioner’s Initial Identification of the Real Parties in Interest Is to Be Accepted Unless and Until Disputed by a Patent Owner - In Worlds Inc. v. Bungie, Inc., Appeal Nos. 2017-1481, -1546, -1583, the Federal...more

Akin Gump Strauss Hauer & Feld LLP

A Claimed Parameter Range That Overlaps with Ranges in the Prior Art Creates a Burden-Shifting and Rebuttable Presumption of...

The Federal Circuit has reversed a decision by the Patent Trial and Appeal Board (PTAB) that certain claims of U.S. Patent No. 8,865,921 (the “’921 Patent”) were not shown to be obvious, finding that the PTAB applied the...more

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

PTAB Strategies and Insights - September 2018: Fifth 315(b) bar decision post WiFi One - CAFC Rules on RPI Identification Burden...

The Federal Circuit issued the fifth precedential decision involving the one year time-bar 35 U.S.C. § 315(b) since the issue became reviewable earlier this year in the wake of Wi-Fi One....more

Knobbe Martens

Worlds Inc. V. Bungie, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB may initially accept an IPR petitioner’s identification of real-parties-in-interest, but...more

Holland & Knight LLP

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

Cranfill Sumner LLP

Time Bars for Medical Compensation and Evidence Bars for Indemnity Benefits

Cranfill Sumner LLP on

Capen Trucer Carl Anders, II v. Universal Leaf North America - In Capen Trucer Carl Anders, II v. Universal Leaf North America, No. COA 16-910, the Plaintiff appealed an Industrial Commission decision denying his claim for...more

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