In Virtek Visions international ULC v. Assembly Guidance Systems, Inc., DBA Aligned Vision Nos. 2022-1998, 2022-2022 (Fed Cir. Mar. 27, 2024), the Federal Circuit reviewed the Patent Trial and Appeal Board’s findings...more
In VLSI Technology LLC v. Intel Corporation, No. 22-1906 (Fed. Cir. 2023), VLSI sued Intel for infringement of U.S. Patent Nos. 7,523,373 (the “’373 patent”) and U.S. Patent No. 7,725,759 (the “’759 patent”). After a jury...more
1/23/2024
/ Evidence ,
Innovation Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
IP License ,
Jury Verdicts ,
Motion to Amend ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents
In Elekta Limited v. Zap Surgical Systems, Inc., No. 21-1985 (Fed. Cir. Sept. 21, 2023), the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining...more
1/3/2024
/ Appeals ,
Burden of Proof ,
Dismissals ,
Evidence ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Motivation to Combine ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art
This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA,...more
10/9/2023
/ America Invents Act ,
First-to-File ,
First-to-Invent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Interference Proceeding ,
Inventions ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents
This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285 and certain circumstances that do not make a case...more
8/11/2023
/ 35 U.S.C. § 285 ,
Appeals ,
Attorney's Fees ,
Claim Construction ,
Exceptional Case ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Summary Judgment
This case addresses the construction of the articles “a” and “said” in relation to subsequently recited functions and whether “a” can be restricted to be singular in its meaning....more
On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent...more
We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more
4/25/2023
/ Abbreviated New Drug Application (ANDA) ,
Administrative Procedure Act ,
Appeals ,
Claim Construction ,
Final Written Decisions ,
Indefiniteness ,
Innovative Technology ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Interference Proceeding ,
Laches ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Section 101 ,
Section 103 ,
Section 112 ,
Summary Judgment ,
Summary Proceedings ,
Technology ,
Transfer of Venue ,
USPTO