Law School Toolbox Podcast Episode 313: Listen and Learn -- The Basics of Justiciability (Con Law)
Bar Exam Toolbox Podcast Episode 110: Listen and Learn -- The Basics of Justiciability (Con Law)
On September 17, 2024, Judges Taranto, Chen and Cunningham of the United States Court of Appeals for the Federal Circuit (“CAFC”) upheld the invalidation of a patent belonging to Angel Technologies Group, LLC and dismissed...more
Koss filed a patent infringement suit against Bose asserting the ’155, ’934, and ’025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB. The district court case was stayed...more
The US Court of Appeals for the Federal Circuit, factually distinguishing the concept of finality in this case from its earlier decision in Fresenius USA v. Baxter Int’l, vacated and remanded a district court’s amended final...more
Precedential and Key Federal Circuit Opinions - 1. IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J. The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and...more
SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction....more
In the most recent decision in the Apple/VirnetX saga, the US Court of Appeals for the Federal Circuit affirmed a remand ruling from the Patent Trial & Appeal Board finding the challenged claims of VirnetX’s patents...more
In an opinion related to its 2021 ruling that a decision in earlier inter partes reexaminations of related patents had a preclusive effect that collaterally estopped the Patent Trial & Appeal Board (Board) from making new...more
The Patent Trial and Appeal Board (PTAB) and AIPLA’s PTAB Trial Subcommittee continue to strengthen the Legal Experience and Advancement Program (LEAP), in which the PTAB incentivizes parties to allow junior practitioners...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
QUESTIONS REGARDING THE APPLICATION OF THE FINTIV FACTORS REMAIN - The Board has increasingly exercised its discretion to deny petitions in recent months, mainly due to the application of the Fintiv factors due to parallel...more
In ABS Global, Inc. v Cytonome/ST, LLC, the Federal Circuit dismissed a Petitioner’s appeal from a U.S. Patent Trial and Appeal Board (“PTAB”) final written decision when it determined that a Patent Owner’s voluntary...more
In 2017, Cytonome filed suit in the Western District of Wisconsin (“the District Court”), accusing ABS of infringing six of its patents, including US Patent No. 8,529,161 (“the ’161 patent”). Subsequently, in October 2017,...more
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
In a succinct opinion, the Federal Circuit ordered a remedy which raises questions thought to have been settled in SAS Institute Inc. v. Iancu, namely whether the Patent Trial and Appeal Board can address only some of the...more
At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal...more
Last week a Federal Circuit panel in Uniloc 2017 LLC v. Hulu, LLC issued an important decision regarding inter partes review (IPR) before the Patent Trial and Appeal Board on two questions concerning contingent motions to...more
Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims. The appeal raises issues of finality...more
The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more
PLAINTIFF’S DISCLAIMER OF CLAIMS FOUND INVALID BY THE PTAB MOOTED ANY CONTROVERSY BEFORE THE APPELLATE COURT ASSOCIATED WITH THAT PATENT, AND A SECOND PATENT-IN-SUIT WAS NOT INVALID BECAUSE THE DISTRICT COURT DID NOT ERR IN...more
In reversing a district court decision as to whether a validity issue remained justiciable after the challenged claims were disclaimed, the US Court of Appeals for the Federal Circuit explained that the patent owner’s...more
The US Court of Appeals for the Federal Circuit dismissed an appeal of an inter partes review (IPR), finding that the challenger lacked appellate standing because it had terminated its attempts to develop the infringing...more
In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company, the Federal Circuit dismissed a biosimilar petitioner’s appeal of an adverse inter partes review (“IPR”) decision for lack of standing. ...more
Article III of the Constitution imposes a “case or controversy” limitation on the jurisdiction of federal courts: an actual case or controversy must exist between the parties at all stages of the federal court proceedings,...more
Federal Circuit Summaries - Before Newman, Dyk, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: An injury-in-fact is required to establish Article III standing for judicial review of agency action,...more