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Sheppard Mullin Richter & Hampton LLP

The Federal Circuit Clarifies the Meaning of “Publicly Disclosed”

Sheppard Mullin Richter & Hampton LLP on

This decision emphasizes the significance of broader public dissemination to meet the statutory requirement of “publicly disclosed” for purposes of exceptions to prior art under 35 U.S.C. § 102(b)(2)(B)....more

McDermott Will & Emery

Console Yourself: Patent Owner Bears IPR Estoppel Burden

McDermott Will & Emery on

Addressing for the first time the standard and burden of proof for the “reasonably could have raised” requirement for inter partes review (IPR) estoppel to apply, the US Court of Appeals for the Federal Circuit concluded that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Dechert LLP

Is Stricter Federal Circuit Review of IPR Factfinding on the Horizon?

Dechert LLP on

A panel of the Federal Circuit recently sounded off with something less than the usual deferential tone regarding review under the substantial evidence standard of factual findings on patentability made by the Patent Trial...more

Fenwick & West LLP

New Federal Circuit Guidance on Design Patents: Key Takeaways for Companies Seeking Protection

Fenwick & West LLP on

With few substantive decisions addressing design patents, it’s always exciting to see new guidance from the U.S. Court of Appeals for the Federal Circuit on how these valuable IP assets are prosecuted and enforced. In two...more

Sunstein LLP

Federal Circuit Asks Congress to Override Supreme Court's Denial of Patents for Diagnostics

Sunstein LLP on

In a remarkable collection of opinions that have no direct effect on the law, the Federal Circuit has implicitly given its support to efforts in Congress to override the Supreme Court’s decision in Mayo v. Prometheus, which...more

Miller Canfield

Federal Circuit Affirms Validity of Design Patents For Automotive Body Parts in Precedential Opinion

Miller Canfield on

The Federal Circuit issued a precedential opinion on July 23, 2019, affirming the validity of two design patents related to the Ford F-150 hood and headlamp and sweepingly rejecting arguments that the patents on automotive...more

Mintz - Intellectual Property Viewpoints

Between a Rock and a Hard Place: Federal Circuit Says It's Required to Accord the PTAB Deference Until Instructed Otherwise by...

Mintz - Intellectual Property Viewpoints on

On Tuesday, April 26, 2016, the Federal Circuit issued an order denying a petition filed by Merck & Cie for rehearing en banc of an Inter Partes Review (“IPR”) final written decision by the Patent Trial and Appeal Board...more

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