Inter Partes Review: Validity Before the PTAB
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
In a non-precedential opinion, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of preliminary injunction requiring a licensee to withdraw its inter partes review (IPR) and post grant review...more
Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more
In a deeply divided opinion addressing the claim construction standard in post-grant America Invents Act (AIA) proceedings, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc, leaving in...more
The disputed invention relates to measure-through-motion technology. Defendant conceded infringement of two patents-in-suit in light of claim construction before trial. A 10-day trial was held in August, 2014. The jury...more
Decision Date: March 3, 2015 - Court: Northern District of California - Patents: D653,215 - Holding: Defendant’s motion for summary judgment GRANTED - Opinion: On June 26, 2014, Kreative Power, LLC...more
Business executives have long struggled with whether to defend a patent infringement suit in court, try to settle the dispute for less than the cost/risk of defending it, or seek to deal with the problem patent by requesting...more
The United States Supreme Court has issued a decision which some commentators believe may increase the risk that patent licensees will challenge the validity of patents under which they are licensed....more
Robinson, J. Defendant’s motion for summary judgment of invalidity is granted; plaintiff’s motion for validity is denied. Defendant’s motion for summary judgment of non-infringement is granted; plaintiff’s motion for...more
In a decision this month (IPR2013-00308), the Patent Trial and Appeal Board (PTAB) has ruled against Stanford University’s patented method for detecting Down’s syndrome and other chromosomal defects, finding all of the...more
A recent ruling in a closely watched patent infringement case involving several patents relating to methods for processing ethanol byproducts — and specifically recovering oil from thin stillage — could significantly impact...more
Ariosa Diagnostics v. Isis Innovation Ltd. - Addressing a variety of issues in a recent inter partes review (IPR), the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) determined that...more
The PTAB is beginning to develop a reputation as being harsh towards patent owners and the validity of their patents. Why have patent owners struggled so much before the PTAB? Attorneys Seth Northrop and Cyrus Morton discuss...more
Imagine hiring a consultant who designs a process, only to find that the process infringes a patent invented by the same consultant owned by someone else. How much worse would it be if your use of that consultant prevented...more
Recent cases on each side of the Atlantic have highlighted the issues that can occur when consideration of validity is separated from that of infringement and a final determination of infringement is reached by one tribunal...more
The Federal Circuit’s recent decision in Fresenius USA, Inc. v. Baxter Int’l, Inc., illustrates the potential value of challenging a patent's validity through administrative proceedings in the U.S. Patent & Trademark Office...more
In This Issue: - Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement - With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof - Grant of a Permanent...more