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The Choice Is Not Yours: Foreign Defendants Cannot Avoid Personal Jurisdiction by Post-suit, Unilateral Forum Designation

IN RE: STINGRAY IP SOLUTIONS, LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States District Court for the Eastern District of Texas. Summary: A defendant’s post-suit, unilateral consent to suit in...more

Raise It or Lose It! The Federal Circuit Will Not Address Obviousness Arguments First Raised by the PTO on Appeal

In Re Google LLC - Before: Moore, Lourie, and Prost. Appeal from the Patent Trial and Appeal Board. Summary: The PTO’s arguments on appeal did not reflect the record below....more

Seeing Clearly: An Ordinary Observer Must Look Through Lens of the Prior Art

ABC CORPORATION I V. THE PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS - Before Dyk, Taranto, and Stoll.  Appeal from the United States District Court for the Northern District of Illinois. - Summary:  Time’s up!  The...more

Lack of Advance Notice Vacates District Court’s Orders

ABC CORPORATION I v. PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS - Before Dyk, Taranto, and Stoll.  Appeal from the United States District Court for the Northern District of Illinois. Summary: Failure to provide...more

Vacated Vacatur Terminates Termination

POLARIS INNOVATIONS LIMITED v. BRENT - Before Prost, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board - Summary: Affirming the Board’s decision not to terminate case remanded under Arthrex I and upholding...more

Silence Is No Support for Negative Claim Limitation

NOVARTIS PHARMACEUTICALS CORP. V. HEC PHARM CO., LTD. Before Moore, Hughes, and Linn (dissenting). Appeal from the United States District Court for the District of Delaware. Summary:  Silence regarding the presence or...more

Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR

GOOGLE LLC v. IPA TECHNOLOGIES INC. Before Dyk, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: For purposes of determining whether a reference was prior art, the Board has an obligation...more

Sounding Off: Prosecution Disclaimer Requires Unambiguous Intrinsic Evidence

GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD - Before Newman, Reyna, and Stoll. Appeal from the Western District of Washington. Summary: A finding of prosecution disclaimer must be supported by an unambiguous...more

Generic mark lacked sufficient stylization to serve as a source identifier

In Re VOX POPULI REGISTRY LTD. Before Lourie, Dyk, and Stoll, Circuit Judges. Appeal from the Trademark Trial and Appeal Board. Summary: Stylizing an otherwise generic character mark using ubiquitous lettering does...more

“All the Expenses” Does Not Mean All: PTO Denied Its Expert Witness Fees

HYATT v. HIRSHFELD - Before Moore, Reyna, and Hughes.  Appeals from the United States District Court for the District of Columbia....more

District Court’s Pleading Standard Returns an Error Code in PS4 Battle

BOT M8 LLC v. SONY CORPORATION OF AMERICA - Before Dyk, Linn, and O’Malley.  Appeal from the United States District Court for the Northern District of California - Summary: The district court’s conclusion that...more

A Standalone Obviousness Reference Must Be Enabling to Invalidate

RAYTHEON TECHNOLOGIES V GENERAL ELECTRIC - Before Lourie, Chen, and Hughes. Summary: Unrebutted evidence of non-enablement is sufficient to overcome an invalidity challenge based on a standalone §103 reference....more

Reviewability of PTAB Estoppel Decisions

UNILOC 2017 LLC v. FACEBOOK INC. Before Lourie, Wallach, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 314(d) does not preclude Federal Circuit review of the Patent Trial and Appeal...more

Federal Circuit Throws Out Diaper Genie Decision

EDGEWELL PERS. CARE BRANDS, LLC v. MUNCHKIN, INC. Before Newman, Moore, and Hughes. Appeal from the U.S. District Court for the Central District of California. Summary: Apparatus claims’ non-functional terms should be...more

Controlling Your Own Destiny: Patent Owner Unilaterally Moots Appeal to Preserve Favorable PTAB Determination

ABS GLOBAL, INC. V. CYTONOME/ST, LLC - Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner may moot a petitioner’s appeal of an IPR final written decision of no...more

No Harm, No Stay: Petition for Certiorari Not Enough to Stop Mandate

AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, and Taranto. Appeal from the United States District Court for the District of Delaware. American Axle & Manufacturing, Inc. (AAM) sued Neapco...more

Proprietary Rights in a Mark Not Required for Standing at the TTAB

AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC - Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board - Summary: Standing to Challenge A Registered Mark at the TTAB Does Not Depend on the...more

Standing to Appeal in IPR Remains Even After Divesting Accused Products

GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC - Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board. Summary: IPR petitioner has standing to appeal an adverse Board decision even...more

Time-bar Challenges to IPR under Section 315(b) Can Be Waived

Time-bar Challenges to IPR under Section 315(b) Can Be Waived - ACOUSTIC TECHNOLOGY INC. v. ITRON NETWORKED SOLUTIONS INC (NOS. 2019-1059 & 2019-1060) - ACOUSTIC TECHNOLOGY INC. v. ITRON NETWORKED SOLUTIONS INC (NO....more

Avoiding Ineligibility by Claiming a Specific Implementation That Improves upon the Prior Art

KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH - Before Dyk, Chen, and Stoll.  Appeal from the District of Delaware. Summary: Claims directed to improving the functionality of one tool that is part of a system do not...more

Federal Circuit Clarifies Scope of On-Sale Bar

Federal Circuit Summaries - In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s...more

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