News & Analysis as of

Dismissal With Prejudice Patent Infringement Patent Trial and Appeal Board

Sheppard Mullin Richter & Hampton LLP

Koss Corporation v. Bose Corporation

This case addresses the application of issue preclusion in relation to the validity of three patents. In particular, this case focuses on the implications of decisions made during the dismissal of pending litigations and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2023 #3

Sequoia Technology, LLC v. Dell, Inc., Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. April 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction...more

Foley & Lardner LLP

Past and Future: How Prior IPR Representations Can Haunt Your Future Patent Infringement Complaint

Foley & Lardner LLP on

Judge Albright of the U.S. District Court for the Western District of Texas granted, in part, Meta Platforms, Inc.’s (“Meta”) 12(b)(6) motion to dismiss (“Motion”) in Grecia Estate Holdings LLC v. Meta Platforms, Inc....more

Jones Day

Joinder Denied For Petitioner Whose Invalidity Case Was Dismissed With Prejudice

Jones Day on

In the PTAB’s recent decision in Code 200 v. Bright Data Ltd., IPR2021-01503, Paper No. 13 (PTAB Mar. 14, 2022), the PTAB expounded upon the circumstances in which joinder of a “me-too” case under § 315(b) was not...more

Foley & Lardner LLP

PTAB Precedential Decision on 35 U.S.C. § 315(a)(1) Shows Dismissed Civil Actions Still Bar IPR Institution

Foley & Lardner LLP on

The PTAB recently designated a decision interpreting 35 U.S.C. § 315(a)(1) as precedential. Cisco Systems Inc. v. Chrimar Systems, Inc. (IPR2018-01511, Paper No. 11) addresses the 35 U.S.C. § 315(a)(1) bar in light of the...more

Knobbe Martens

Federal Circuit Review - April 2019

Knobbe Martens on

Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Knobbe Martens

Click-To-Call Technologies, LP v. Ingenio, Inc., Yellowpages.Com, LLC

Knobbe Martens on

Federal Circut Summary - Before O’Malley, Taranto, and Stark; Partial En Banc Decision before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Appeal from the Patent Trial and...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Ottah v. Fiat Chrysler, Appeal No. 2017-1842 (March 7, 2018) - In Ottah v. Fiat Chrysler, the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement as to...more

Mintz - Intellectual Property Viewpoints

PTAB Designates Decision Concerning One-Year Statutory Bars As Precedential

Last week, the PTAB designated two recent post-grant proceeding decisions as “precedential,” marking only the second and third time it has designated one of its opinions as binding on all PTAB judges. One of those...more

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