IP Litigation > Nova Content
Public Policy Role of PTAB Clashes with Assignor Estoppel Equities
The doctrine of assignor estoppel prevents prior owners/inventors of a patent from later... Read More »
SCOTUS Clarifies PTAB Institution Issues Not Subject to Appeal
Back In December I pointed out that the SCOTUS would likely tighten the PTAB appeal bar in Dex... Read More »
Additional Briefing Invited on Binary Application of NHK
Last week I pointed out that the litigation timing factor introduced by NHK Spring Co. Ltd. v. Intri-Plex ... Read More »
GOLDEN v. U.S.
Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims.
Summary: (1) Patent infringement claims ... Read More »
Cert Petitions Pursue Takings Clause Argument
Last week, Arthrex filed a petition for certiorari challenging the holding of the Federal Circuit that its... Read More »
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 »
Written by: Mak Tsunozaki, Ph.D. & Kendall Loebbaka
ARTHREX, INC. v. SMITH & NEPHEW, INC.
Before Prost, Newman, Lourie, Dyk, Moore, O’Malley... 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 »