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CAFC Decision Moots Some POP Consideration in Hunting Titan Dispute Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written... Read More »
NHK Swallows General Plastic The America Invents Act (AIA) was passed into law in 2011 to provide a more cost-effective, faster alternative to district court... Read More »
Coronavirus and its global impact have affected almost every sector of the economy. With all of the job losses and the continued lockdown in more than 80% of US... Read More »
Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a) Congress created IPR to provide a “quick and cost effective alternative[ ] to... Read More »
PTAB Estoppel & Inequitable Conduct Inequitable conduct before the USPTO is an equitable defense to patent infringement that, if proved, bars enforcement of a ... Read More »
Expert Agency Shown Deference in Matters of Claim Scope While IPR petitioners may only challenge patent claims based upon patents and printed publications... Read More »
The Fed. Cir. panel decision in Samsung Elec. Amer., Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, 2019-1260 (Fed. Cir., Feb. 4, 2020) flew under my... Read More »
Earlier this year, we analyzed the 2019 patent activities in Patexia Insight 74. Among our observations, we noticed a sharp decline in the number of IPR petitions... Read More »
CASE OF THE WEEK GS CleanTech Corp. v. Adkins Energy LLC, Appeal No. 2016-2231, 2017-1838, 2017-1832 (Fed. Cir. Mar. 2, 2020) In this week’s Case of the ... Read More »
Attorney Fees Available for Successful Defendant As discussed back in September, district courts look to PTAB developments in assessing fee awards under 35 U.S.C. ... Read More »
CASE OF THE WEEK Arctic Cat Inc. v. Bombardier Recreational Products Inc., Appeal No. 2019-1080 (Fed. Cir. Feb. 19, 2020‎) In this week’s Case of... Read More »
A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l.  In 2013, Wasica accused Schrader Int’l of... Read More »
CASE OF THE WEEK In re: Google LLC, Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020) In this week’s Case of the Week, the Federal Circuit granted mandamus... Read More »
CAFC Implies PTO Might Overlook Some 112 Issues The Patent Trial & Appeal Board (PTAB) does not accept trial grounds under 35 U.S.C § 112 in Inter Partes ... Read More »
CASE OF THE WEEK Samsung Electronics America, Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020) Our case of the week... Read More »
Written by: Eric Malmgren & Hans L. Mayer APPLE INC. v. ANDREA ELECTRONICS CORPORATION Before Dyk, Plager, and Stoll.  Appeal from the Patent Trial... Read More »
Discretionary Consideration Bars ReturnMail Side-Step Via Intervenor Last fall, I explained that the Patent Trial & Appeal Board (PTAB) was considering the... Read More »
CASE OF THE WEEK Koninklijke Philips N.V. v. Google LLC, et al., Appeal No. 2019-1177 (Fed. Cir. Jan. 30, 2020) In the Federal Circuit’s only... Read More »
USAA filed multiple patent infringement lawsuits against Wells Fargo, alleging widespread infringement of USAA’s patented technologies on remote check deposits... Read More »
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