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CASE OF THE WEEK
Arendi S.A.R.L. v. Google LLC, Appeal No. 2016-1249 (Fed. Cir. Feb. 20, 2018)
In Arendi S.A.R.L. v. Google LLC, the Federal Circuit upheld... Read More »
2017: A Year of CAFC Feedback & Agency Refocus
With so much attention being paid to Oil States, it was easy to lose sight of many of the more noteworthy... Read More »
Federal Circuit Summary
Before Newman, Bryson, and Moore. Appeal from the Patent Trial and Appeal Board.
Summary: Prosecution disclaimer occurred when... Read More »
Two weeks ago, we released the list of Best Performing law firms in IPR. We also identified couple of firms with less than 10 attorneys, which had... Read More »
CASE OF THE WEEK
Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No. 2017-1452 (Fed. Cir. Feb. 14, 2018)
In Aatrix Software, Inc. v. Green Shades ... Read More »
Federal Circuit to Consider PTAB Sovereign Immunity Defense
State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment. To... Read More »
Comments
Jayendra DabhiThe PTAB find that the tribe doesn’t have sovereign immunity in this case. The PTAB said “In view of the recognized differences between the state sovereign immunity and tribal immunity doctrines, and the lack of statutory authority or controlling precedent for the specific issue before us, we decline the tribe’s invitation to hold for the first time that the doctrine of tribal immunity should be applied in IPR proceedings”The PTAB determined that the proceedings could continue without the tribe’s participation in view of “Allergan’s retained ownership interests in the challenged patents”. Based on the terms of the license between Allergan and the tribe, the licensee transferred “all substantial rights” in the challenged patents back to Allergan, so the proceedings can continue with Allergan as the patent owner. According to the PTAB, based on the record before it, the tribe has not retained anything more than an “illusory or superficial right” to sue for infringement of the challenged patents.The Patent Trial and Appeal Board PTAB determined that the Saint Regis Mohawk Tribe failed to establish the doctrine of tribal sovereign immunity.
Mar 1, 2018
A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s... Read More »
Last week we released the list of best performing law firms in Inter-Partes Review (IPR), which created some excitement in IP community and we were asked by our... Read More »
CASE OF THE WEEK
Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018)
In Berkheimer v. HP Inc., the Federal Circuit reviewed the District... Read More »
Couple of weeks ago, we reported on the top five firms leading in Inter-Partes Review (IPR), for a period covering September 2012 (IPR inception) through the end of... Read More »
Welcome to the new look of Fresh from the Bench, Schwabe’s weekly roundup of precedential intellectual property decisions from the Court of Appeals for the... Read More »
CRU Faster Than Before AIA, Provides Options for Patent Owners
Patent reexamination filings have fallen 86% since 2012. With the elimination of the popular... Read More »
Last week we released the names of most active law firms in Inter-Partes Review (IPR). This week, we focused on attorneys and have identified most active attorneys... Read More »
Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user... Read More »
Patentee Estoppel Can Shut Down Related Prosecution
Patent prosecutors might consider PTAB estoppel a pure post-grant concern. That is, a litigation issue... Read More »
The PTAB has determined that a patent owner may not moot a CBM proceeding by disclaiming claims post-institution. Emerson Elect ric Co. v. SIPCO, LLC, CBM2016-00095... Read More »
Federal Circuit Summary
Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB may enter an adverse... Read More »
Last year, we released the top law firms in IPR in terms of activity. We have updated the data and also expanded the date range to cover all IPR cases through the end ... Read More »
WiFi One Opens the Door to Reconsideration of Well-Established PTAB Precedent
The Federal Circuit’s softening of the appeal bar (35 U.S.C. § 314(d)) in ... Read More »
In the sole precedential patent case decided this week, Flexuspine v. Globus, the Circuit affirms rulings of the district court relating to verdict forms where the... Read More »