IP Litigation > Nova Content
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 »
Arctic Cat v. Bombardier deals with obviousness, patent marking, reasonable royalties, willfulness and enhanced damages. The panel affirms all of the district... Read More »
Tribal Immunity in Focus at PTAB
Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity from... Read More »
In a recent development with the ongoing complex litigation involving Janssen Biotech’s arthritis biologic medicine Remicade (infliximab) and Celltrion’s... Read More »
No Duty to Discuss Closest Prior Art…But you Probably Should Anyway
In implementing the Federal Circuit’s In Re Aqua Products’ holding, the... Read More »
We do not usually report on district court cases, but the Columbia Sportswear v. Seirus design patent case handled by our firm is particularly interesting, given the... Read More »