IP Litigation > Nova Content
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 »
The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion. A divided panel of the Circuit had ruled that the plaintiff was not... Read More »
Board Continues to Provide Helpful Feedback on Best Practices
The Patent Trial & Appeal Board (PTAB) has designated the following decisions, which involve 35... Read More »
In wake of the Federal Circuit’s W i-Fi One decision, the PTAB has designated two of its decisions as informative on the issue of IPR petition timeliness under... Read More »
On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a... Read More »
Last year marked the second consecutive year of decline for patent litigation. After 21 percent decline in 2016, patent litigation saw another 10 percent drop in... Read More »
The big news yesterday was the Circuit’s en banc decision in Wi-Fi One v. Broadcom in which a majority of the court holds that, given the strong... Read More »
WiFi One Touchstone: Closely Related to Patentability Determination?
As I predicted would happen last Spring, the Court held today in Wi-Fi One v. Broadcom (here) ... Read More »
Federal Circuit Summary
En banc, Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: The Federal Circuit can review the Board’s... Read More »
Litigation Waiver Now Threatens Tribal Immunity Dispute
As I pointed out before the holidays, given the practical need to litigate patents in today’s... Read More »
In both HTC v. Cellular and Microsoft v. Biscotti, the Circuit affirms rare IPR determinations that all of the claims of the patents at issue are not invalid. In... Read More »
The odd title of this post arose from the fact that defendant Autel U.S., Inc. chose not to appeal its IPR win against Bosch that included invalidation of the claims... Read More »
In Regeneron Pharmaceuticals v. Merus N.V., [16-1346] the Federal Circuit denied rehearing and rehearing en banc the July panel decision, previously discussed here... Read More »
Infringement Action Waives PTAB Immunity
State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment. To date, a handful of such ... Read More »
The PTAB issued an order stating that it would grant Patent Owner’s motion to amend claims upon Patent Owner accepting further claim amendments suggested by the ... Read More »
For difficult grounds of rejection, the right advocacy can make all the difference. The right counsel can know when to appeal and how to win on appeal. Here, we... Read More »