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WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

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This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

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

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

[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

Knobbe Martens

Federal Circuit Review - September 2020

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Joining an IPR Triggers IPR Estoppel Only for Instituted Grounds - In Network-1 Technologies, Inc. v. Hewlett-Packard Company, Hewlett Packard Enterprise Company , Appeal No. 18-2338, the Federal Circuit held that a party...more

Mintz - Intellectual Property Viewpoints

Joinder to the Rescue: Federal Circuit holds that joinder of instituted IPRs does not result in estoppel under § 315(e)

In Network-1 Techs., Inc. v. Hewlett-Packard, No. 18-2338, the Federal Circuit reversed and vacated multiple aspects of the district court’s final judgment holding that Hewlett-Packard (HP) did not infringe U.S. Patent No....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2020 #2

PATENT CASE OF THE WEEK - Apple Inc. v. Voip-Pal.com, Inc., Appeal No. 2018-1456, -1457 (Fed. Cir. Sept. 25, 2020) - In our Case of the Week, the Federal Circuit addressed two novel issues following inter partes review...more

Troutman Pepper

Supreme Court Denies Review In Three Section 101 Cases

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On January 13, 2020, the U.S. Supreme Court denied certiorari in the following cases...more

Kramer Levin Naftalis & Frankel LLP

The Whole Enchilada: The Necessity of Looking at Claims as a Whole to Determine Patent Eligibility

On Jan. 10, the Supreme Court will decide whether it will review the Federal Circuit's decisions in the Athena v. Mayo, HP Inc. v. Berkheimer and Hikma v. Vanda cases. The Solicitor General, at the invitation of the Supreme...more

Knobbe Martens

Federal Circuit Review - February 2019

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PTAB May Invalidate Claims on Reconsideration Based on Grounds Raised in the Institution Decision that Were Not Originally Instituted - In AC Technologies S.A., V. Amazon.Com, Inc., Blizzard Entertainment, Inc., Appeal No....more

McDermott Will & Emery

No Motivation to Combine Necessary Where Secondary Reference Only Explains Primary Reference

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The US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB) finding of obviousness over a patent owner’s challenge to the “combination” of prior art, explaining that no motivation to combine...more

Shook, Hardy & Bacon L.L.P.

Lessons And Challenges Arising Out Of The Federal Circuit’s New Focus On Factual Issues In “Patent Eligibility” Disputes

With its Alice and Mayo opinions, the U.S. Supreme Court dramatically changed how patent eligibility under 35 U.S.C. § 101 is defined. ...more

Nutter McClennen & Fish LLP

Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under...more

Katten Muchin Rosenman LLP

Pair of Federal Circuit Decisions May Impact Early Section 101 Challenges in Patent Litigation

In the span of a week, the Court of Appeals for the Federal Circuit vacated two district court rulings of patent invalidity under 35 U.S.C § 101. The first decision, Berkheimer v. HP Inc., vacated-in-part a grant of summary...more

McDermott Will & Emery

Support from Specification Not Enough for Covered Business Method Review - ServiceNow, Inc. v. Hewlett-Packard Company

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The Patent Trial and Appeal Board (PTAB or Board) determined that a patent directed to a web services management was not eligible for covered business method (CBM) review under § 18 of the America Invents Act (AIA) and that...more

King & Spalding

ITC Section 337 Update - July 2015

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ALJ Shaw Finds No Violation In 921 Investigation – On July 2, 2015, Administrative Law Judge David Shaw issued a 320-page Final Initial Determination On Violation And Recommended Determination On Remedy in Certain Marine...more

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