News & Analysis as of

Patent Trial and Appeal Board Patent Infringement Precedential Opinion

WilmerHale

Federal Circuit Patent Watch: Printed Matter Doctrine Applies to Communicative Content, Not All Communications

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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

WilmerHale

Federal Circuit Patent Watch: A comparative statement in a patent specification can be “definitional” for purposes of claim...

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Precedential and Key Federal Circuit Opinions - 1.  PARKERVISION, INC. v. VIDAL [OPINION] (2022-1548, 12/15/2023) (Prost, Wallach, and Chen)* - Chen, J. The Court affirmed the PTAB’s determination that the patent...more

WilmerHale

Federal Circuit Patent Watch: Federal Circuit Grants En Banc Review of Design Patent Obviousness

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Precedential Federal Circuit Opinions - MEDYTOX, INC. v. GALDERMA S.A. [OPINION] (2022-1165, 6/27/2023) (Dyk, Reyna, and Stark) - Reyna, J. The Court affirmed a decision by the PTAB in a post-grant review denying an...more

Akin Gump Strauss Hauer & Feld LLP

Director Vidal Hands Down Precedential Decision on Issue of First Impression Addressing Patentability of Multiple Dependent Claims

Patent Office Director Katherine Vidal recently issued a precedential decision addressing an issue of first impression before the Board: whether the patentability of multiple dependent claims must be determined separately for...more

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

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

WilmerHale

Collateral estoppel in IPR proceedings requires that the issues of patentability be identical, not that the patent claims need to...

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Precedential Federal Circuit Opinions - 1.  GOOGLE LLC v. HAMMOND DEVELOPMENT INTERNATIONAL, INC. [OPINION]  (21-2218, 12/8/2022) (Moore, Chen, and Stoll) - Moore, Chief J. Reversing in part and affirming in part...more

Akin Gump Strauss Hauer & Feld LLP

USPTO Director Issues Sua Sponte Precedential Decision Addressing Abuse of IPR Process

In a precedential 52-page sua sponte decision, the United States Patent and Trademark Office (USPTO) Director Katherine Vidal addressed several issues of first impression relating to sanctionable misconduct in inter partes...more

WilmerHale

Federal Circuit Patent Watch: Obvious minor clerical errors in the claim language may not form basis for a defense to willful...

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Precedential Federal Circuit Opinions - ARTHREX, INC. v. SMITH & NEPHEW, INC. [OPINION] (2018-2140, May 27, 2022) (Moore, Reyna, Chen) - Moore, C. J. Affirming PTAB decision finding unpatentable certain claims of...more

WilmerHale

Federal Circuit Patent Watch - May 2022 #2

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Precedential Federal Circuit Opinions - SOUND VIEW INNOVATIONS, LLC v. HULU, LLC [OPINION] (2021-1998, 05/11/2022) (Prost, Meyer, Taranto) - Taranto, J. The Court vacated and remanded the district court’s grant of...more

Alston & Bird

Patent Case Summaries - April 2022 #2

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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. Roche...more

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

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Alston & Bird

Patent Case Summaries - February 2022 #1

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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

Alston & Bird

Patent Case Summaries - January 2022 #4

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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

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

PTAB Strategies and Insights: January 2022

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

WilmerHale

Federal Circuit Patent Watch - December 2021 #2

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Precedential Federal Circuit Opinions - TEVA PHARMACEUTICALS USA v. CORCEPT THERAPEUTICS, INC. [OPINION] (2021-1360, 12/07/2021) (MOORE, NEWMAN, and REYNA) -   Moore, C.J. The Court affirmed the PTAB’s IPR decision...more

WilmerHale

CAFC Patent Cases - September #2

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Precedential Federal Circuit Opinions - In Re MAXPOWER SEMICONDUCTOR, INC. [ORDER]  (2021-146, 9/8/21) (O’Malley, Reyna, Chen) - Reyna, J.  Denying mandamus petition and dismissing appeal.  The Court declined to...more

Jones Day

PTAB Bar Association Launches Portal for Precedential Decision Nomination

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The PTAB’s Standard Operating Procedure 2 permits the public to submit nominations for PTAB decisions that an individual believes should be designated as precedential or informative, or to suggest that a decision previously...more

Fish & Richardson

Fish Post-Grant Radio: Episode #13: Rick Bisenius

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This episode of Fish Post-Grant Radio features Fish attorneys Stuart Nelson – in his final episode as host – and Rick Bisenius, who will take over from Stuart going forward. In it, they discuss major precedential PTAB...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 16-20): Controlling for Authentication

It has been another steamy August week here in Washington and at the Federal Circuit, with eleven new opinions fresh off the press.  Below we provide our usual weekly statistics and our case of the week—our highly subjective...more

WilmerHale

CAFC Patent Cases - April 2021

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Precedential Federal Circuit Opinions - ..WI-LAN INC. v. SHARP ELECTRONICS CORPORATION [OPINION]  (2020-1041, April 6, 2021) (DYK, TARANTO, and STOLL) - Dyk, J.  Affirming related district court judgments holding...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

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

PTAB Strategies and Insights - January 2021: Petitioner's District Court Stipulation Results in PTAB Trial Institution Under the...

In December 2020, the Patent Trial and Appeal Board’s (“PTAB” or “Board”) designated an opinion as precedential (Sotera Wireless, Inc. v. Masimo Corporation), where the Board instituted trial, i.e., did not exercise its...more

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

PTAB Strategies and Insights - January 2021

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

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (January 4-8): Mooting your opponent’s appeal

Now that the new year has started, we’re seeing an uptick in precedential opinions.  This week we decided to turn back to patent appeals, taking a look at IPRs and Article III—always a fun topic.  Below we provide our usual...more

Jones Day

PTAB Designates RPI, Follow-On Petition Cases Precedential

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On December 4th, the PTAB designated the following three cases precedential: RPX Corp. v. Applications in Internet Time, LLC, IPR2015-01750, Paper 128 (Oct. 2, 2020) (precedential) - This decision on remand from the...more

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