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Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Netflix, Inc. v. DivX, LLC, 80 F.4th 1352 (Fed. Cir....

Netflix petitioned for IPR of a DivX patent related to “trick play” functionality, which allows a user to fast forward, rewind, and scene skip frames. Netflix’s petition argued that the challenged claims would have been...more

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Volvo Penta of the Americas, LLC v. Brunswick Corp., 81...

Volvo Penta appealed from a Board decision finding all of its claims unpatentable as obvious. The claims at issue covered a tractor-type stern drive for a boat. Volvo Penta raised three main issues on appeal, arguing (1) that...more

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Elekta Limited v. Zap Surgical Systems, Inc. 81 F.4th...

Zap filed an IPR petition alleging obviousness of a patent owned by Elekta. The petition relied on a combination of two references. The Board found a reason to combine the references and ultimately found obviousness of the...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Almirall, LLC v. Amneal Pharmaceuticals LLC, 28...

Almirall’s patent claims recite: [a]bout 4% w/w of a polymeric viscosity builder comprising acrylamide/sodium acryloyldimethyl taurate copolymer…. The Board instituted an IPR on the patent, where the primary reference...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

2/8/2023  /  § 314(d) , § 315(b) , 35 U.S.C. §315(e)(1) , Abuse of Discretion , Administrative Patent Judges , Administrative Procedure Act , America Invents Act , Anticipation , Apple , Appointments Clause , Arbitrary and Capricious , Arthrex Inc v Smith & Nephew Inc , Article III , Artificial Intelligence , Broadcom , Burden of Persuasion , Burden of Production , Confidentiality Agreements , Consent Order , Constitutional Challenges , Covenant Not to Sue , Director of the USPTO , Doctrine of Equivalents , Estoppel , Evidence , Ex Partes Reexamination , Expert Testimony , Failure To Disclose , Federal Vacancies Reform Act , Final Written Decisions , Forum Selection , Google , Indefiniteness , Intel , Intellectual Property Litigation , Intellectual Property Protection , Inter Partes Review (IPR) Proceeding , International Trade Commission (ITC) , Inventions , Inventors , Joint Inventors , Jurisdiction , Lack of Jurisdiction , Likelihood of Confusion , Motion to Amend , Motion to Terminate , Obviousness , Obviousness-Type Double Patenting (ODP) , Parallel Proceedings , Patent Act , Patent Applications , Patent Infringement , Patent Invalidity , Patent Litigation , Patent Prosecution , Patent Trial and Appeal Board , Patent-Eligible Subject Matter , Patents , Post-Grant Review , Preliminary Injunctions , Preponderance of the Evidence , Prior Art , Qualcomm , Real Party in Interest , Remand , Section 101 , Section 112 , Separation of Powers , Standing , Statutory Authority , Sua Sponte , Substantial Evidence , Testimony , Time-Barred Claims , Trademark Application , Trademark Infringement , Trademark Litigation , Trademark Registration , Trademark Trial and Appeal Board , Trademarks , USPTO , Vacated , Written Descriptions

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Raytheon Technologies Corp. v. General Electric...

General Electric Co. (GE) petitioned for inter partes review (IPR) of claims 3 and 16 of Raytheon Technologies Corp.’s U.S. Patent No. 9,695,751 related to gas turbine engines. The U.S. Patent Trial and Appeal Board (Board)...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

2/9/2022  /  § 314(d) , 35 U.S.C. §315(e)(1) , Absolute Intervening Rights Doctrine , Abuse of Discretion , Administrative Patent Judges , Administrative Procedure Act , America Invents Act , Appeals , Appointments Clause , Arbitrary and Capricious , Article of Manufacture , Assignor Estoppel , Burden of Proof , Claim Construction , Collateral Estoppel , Commercial Success , Confidential Information , Constitutional Challenges , Demand Letter , Denial of Institution , Design Patent , Director of the USPTO , Dismissals , Doctrine of Prosecution Disclaimer , Due Process , Equitable Estoppel , Estoppel , Evidence , Ex Partes Reexamination , Executive Branch , Executive Powers , Federal Rules of Evidence , Final Written Decisions , Forum Selection , FRCP 52(c) , GATT , Inferior Officers , Intellectual Property Litigation , Intellectual Property Protection , Inter Partes Reexamination , Inter Partes Review (IPR) Proceeding , International Trade Commission (ITC) , Intervening Acts , Inventions , Issue Preclusion , Judicial Review , Lack of Authority , Lack of Jurisdiction , Likelihood of Success , Minerva Surgical Inc. v Hologic Inc. , Motion for Summary Judgment , Motivation to Combine , Nexus , Non-Disclosure Agreement , Nonobvious , Obviousness , Ornamental Design , Parallel Proceedings , Patent Applications , Patent Filings , Patent Infringement , Patent Litigation , Patent Prosecution , Patent Trial and Appeal Board , Patent Validity , Patents , Petition for Writ of Certiorari , Pharmaceutical Patents , Post-Grant Review , Pre-GATT , Preliminary Injunctions , Principle Officers , Printed Publications , Prior Art , Real Party in Interest , Remand , Reversal , Rule 36 , Scope of Review , SCOTUS , Section 325(d) , Sua Sponte , Substantial Evidence , Totality of Evidence , United States v Arthrex Inc , USPTO , Vacated , Writ of Mandamus

[IP Hot Topics Podcast] Innovation Conversations: Allen Chen (transcript)

Our “Innovation Conversations” series continues with Allen Chen, the Mars 2020 Entry, Descent, and Landing (EDL) Lead at NASA's Jet Propulsion Laboratory. Sterne Kessler Director Trey Powers interviewed Allen about several...more

[IP Hot Topics Podcast] Innovation Conversations: Allen Chen [Audio]

Our “Innovation Conversations” series continues with Allen Chen, the Mars 2020 Entry, Descent, and Landing (EDL) Lead at NASA's Jet Propulsion Laboratory. Sterne Kessler Director Trey Powers interviewed Allen about several...more

[IP Hot Topics Podcast] Innovation Conversations: Dr. Wayne A.I. Frederick (transcript)

Our “Innovation Conversations” series continues with President of Howard University Dr. Wayne A.I. Frederick. Sterne Kessler Director Trey Powers and Director of Marketing and Communications Kathryn Holmes Johnson (HU Class...more

[IP Hot Topics Podcast] Innovation Conversations: Dr. Wayne A.I. Frederick [Audio]

Our “Innovation Conversations” series continues with President of Howard University Dr. Wayne A.I. Frederick. Sterne Kessler Director Trey Powers and Director of Marketing and Communications Kathryn Holmes Johnson (HU Class...more

[IP Hot Topics Podcast] Innovation Conversations: Paul Reed Smith [Audio]

Our “Innovation Conversations” series continues with our guest Paul Reed Smith, Founder and Managing General Partner of Paul Reed Smith Guitars. Sterne Kessler Directors Trey Powers and Don Featherstone discussed several...more

[IP Hot Topics Podcast] Innovation Conversations: Paul Reed Smith (transcript)

Our “Innovation Conversations” series continues with our guest Paul Reed Smith, Founder and Managing General Partner of Paul Reed Smith Guitars. Sterne Kessler Directors Trey Powers and Don Featherstone discussed several...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Security People, Inc. v. Iancu, 971 F.3d 1355...

Security People lost an inter partes review (IPR) and appealed to the Federal Circuit. It lost that appeal and was denied certiorari at the Supreme Court. Security People never raised constitutional arguments in any of these...more

[IP Hot Topics Podcast] Innovation Conversations: Dr. Claire Fraser [Audio]

Our “Innovation Conversations” series continues with our guest Dr. Claire Fraser, President of the American Association for the Advancement of Science (AAAS) and Director of the Institute for Genome Sciences at the University...more

[IP Hot Topics Podcast] Innovation Conversations: Dr. Claire Fraser (transcript)

Our “Innovation Conversations” series continues with our guest Dr. Claire Fraser, President of the American Association for the Advancement of Science (AAAS) and Director of the Institute for Genome Sciences at the University...more

[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu (transcript)

Our “Innovation Conversations” series continues with our guest Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sterne Kessler Directors Trey...more

[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu [Audio]

Our “Innovation Conversations” series continues with our guest Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sterne Kessler Directors Trey...more

[IP Hot Topics Podcast] Innovation Conversations: Walter Isaacson, Part 2 (Transcripts)

The second episode of IP Hot Topics features part two of our “Innovation Conversations” discussion with renowned author, analyst, journalist, historian and Tulane University professor Walter Isaacson. Sterne Kessler Directors...more

[IP Hot Topics Podcast] Innovation Conversations: Walter Isaacson, Part 2 [Audio]

The second episode of IP Hot Topics features part two of our “Innovation Conversations” discussion with renowned author, analyst, journalist, historian and Tulane University professor Walter Isaacson. Sterne Kessler Directors...more

[IP Hot Topics Podcast] Innovation Conversations: Walter Isaacson, Part 1 (Transcripts)

Welcome to Innovation Conversations, a special series of Sterne Kessler's IP Hot Topics podcast. I'm your series host, Trey Powers, a Director in Sterne Kessler's biotech and litigation practice groups. Joining me as a cohost...more

[IP Hot Topics Podcast] Innovation Conversations: Walter Isaacson, Part 1 [Audio]

In this inaugural edition of the IP Hot Topics podcast, we kick off our Innovation Conversations series. We’re joined by renowned author, analyst, journalist, historian and Tulane University professor Walter Isaacson....more

PTAB Strategies and Insights - July 2020: Nexus: the PTAB's Objective Indicia of Non-Obviousness Analysis Under Fox Factory...

As reported in our December 2019 newsletter, in Lectrosonics v. Zaxcom the Patent Trial and Appeal Board (PTAB or Board) granted Zaxcom’s motion to amend and, under a nexus-analysis framework, found each of the substitute...more

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