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Plan Ahead for 101 Change With the Senate conducting marathon hearings on the subject of patentable subject matter this week (i.e., 35 U.S.C. § 101), and... Read More »
CASE OF THE WEEK Lone Star Silicon Innovations LLC v. Nanya Technology Corporation, Appeal No. 2018-1581, -1582 (Fed. Cir. May 30, 2019) In the only... Read More »
CASE OF THE WEEK Papst Licensing GMBH & Co. KG v. Samsung Electronics America, Inc., Appeal No. 2018-1777 (Fed. Cir. May 23, 2019) In a sternly-worded... Read More »
An Illinois jury awarded football equipment manufacturer, Riddell, $5 million in patent damages against Kranos Corporation, doing business as Schutt Sports.  The ... Read More »
Redundant Grounds Not An Efficient Administration of Justice Last month, the Patent Trial & Appeal Board (PTAB) issued an Order explaining that maintaining... Read More »
QUEST INTEGRITY USA, LLC v. COKEBUSTERS USA INC. Before Dyk, Taranto, and Hughes.  Appeal from the U.S. District Court for the District of Delaware. ... Read More »
EcoServices asserted two patents against Certified Aviation related to aircraft engine washing services.  The jury found that Certified Aviation willfully... Read More »
CASE OF THE WEEK AVX Corporation v. Presidio Components, Inc., Appeal No. 2018-1106 (Fed. Cir. May 13, 2019) Following an inter partes review upholding the... Read More »
For many practitioners, it seems that change is the only certainty at the Patent Trial and Appeal Board.  And only five months into the year, change in 2019 has... Read More »
AVX CORPORATION V. PRESIDIO COMPONENTS, INC. Before Newman, O’Malley, and Taranto. Appeal from the Patent and Trial Appeal Board. Summary: Appellants... Read More »
Standing Dispute Highlights 315(e)(2) Estoppel Concern Article III standing has been a problem for certain petitioners seeking review of adverse Patent Trial... Read More »
CASE OF THE WEEK Amgen Inc. v. Sandoz Inc., Appeal No. 2018-1551 (Fed. Cir. May 8, 2019) In an appeal from a district court’s summary judgment of... Read More »
Summary: The General Plastic factors used to determine whether the PTAB will exercise its discretion to deny a follow-on IPR petition can weigh against institution... Read More »
Is the 315(b) Time Bar Particular to a “Patent Owner?” Earlier this year the Patent Trial & Appeal Board (PTAB) instituted trial in Sling TV... Read More »
Recently, the PTO issued a Notice providing guidance on how the Board treats reissue and reexamination proceedings while an AIA trial on the same patent is... Read More »
A Delaware jury awarded automated milkshake maker, f’real Foods, approximately $3.2 million in damages based on Hamilton Beach’s and Hershey... Read More »
PTAB Cements Institutional Discretion Back in January, I identified the Board’s expanding view of 314(a) discretion as the most significant development of... Read More »
A Delaware jury awarded Hologic $4.2 million in lost profit patent damages and more than half a million dollars in reasonable royalty patent damages, based on Minerva ... Read More »
CASE OF THE WEEK ThermoLife Int’l LLC v. GNC Corp., Appeal Nos. 2018-1657, 2018-1666 (Fed. Cir. May 1, 2019) In an appeal from a district court... Read More »
CASE OF THE WEEK Neptune Generics, LLC v. Eli Lilly & Co., Appeal Nos. 2018-1257, et al. (Fed. Cir. Apr. 26, 2019) The Federal Circuit issued only one... Read More »
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