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McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Natera, Inc. v. NeoGenomics Laboratories, Inc. (Fed. Cir. 2024)

In Natera Inc. v. NeoGenomics Laboratories, Inc. the Federal Circuit affirmed the District Court's grant of a preliminary injunction against NeoGenomics in patent infringement litigation involving Natera's U.S. Patent Nos....more

Erise IP

Eye on IPRs, July 2024: Impact of the End of Chevron on USPTO; PTAB Filings Are Up; and More

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Every month, Erise’s patent attorneys review the latest inter partes review (IPR) cases and news to bring you the stories that you should know about: What Does the End of Chevron Deference Mean for the USPTO? In June, the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2024

Freshub, Inc. v. Amazon.com, Inc., Appeal Nos. 2022-1391, -1425 (Fed. Cir. Feb. 26, 2024) In the Court’s only precedential patent opinion this week, the Court affirmed a jury finding that use of Amazon’s “Alexa” products...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): In re: PersonalWeb Technologies, LLC, 85 F.4th 1148...

PersonalWeb—the third appeal from a multidistrict litigation involving alleged infringement of PersonalWeb’s patents—addressed two issues: (1) whether the district court abused its discretion in finding the case exceptional...more

Jones Day

Failure to Prove “Prior” Art Results in Denial

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The PTAB recently denied IPR institution in Sophos v. Open Text because the petitioner failed to show a reasonable likelihood that the asserted reference was, in fact, prior art.  IPR2023-00732, Paper 23 (November 2, 2023)....more

Morrison & Foerster LLP

Fifth Circuit Weighs In on Transfer Factors In High-Tech IP Case

The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal...more

McDermott Will & Emery

Beware Enablement of Genus Antibody Claims

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The US Court of Appeals for the Federal Circuit invalidated yet another set of antibody genus claims, finding the case “materially indistinguishable” from those in the 2023 Supreme Court of the United States case, Amgen v....more

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more

Morrison & Foerster LLP

From Marshall to San Francisco: Transfer Pays Off for Patent Challengers

Eolas Technology filed patent infringement actions against Amazon, Google, and Walmart in the Eastern District of Texas in 2015. The asserted patent generally relates to remote computer systems that allow users at a client...more

McDermott Will & Emery

Federal Circuit Sends iPhone Patent Dispute Back for Third Damages Trial

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Considering numerous claim construction, infringement and damages issues related to patents allegedly covering Apple’s iPhones 5 and 6 series technology, a panel of the US Court of Appeals for the Federal Circuit determined...more

McDermott Will & Emery

Impossible; Cloud Storage Patent Claims Invalid for Indefiniteness or Not Infringed

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The US Court of Appeals for the Federal Circuit affirmed a district court’s determination that three patents directed to data synchronization were indefinite as lacking sufficient disclosed structure to support a means plus...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2021 #3

John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) - Our Case of the Week this week focuses on the doctrine of intervening rights, a doctrine that is...more

McDermott Will & Emery

2G or Not 2G: Patent License Applies to Future Generation Wireless Networks

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In interpreting a patent license agreement originally drafted in the era of third generation (3G) cellular networks, the US Court of Appeals for the Federal Circuit found that the license agreement covered subsequent wireless...more

Vinson & Elkins LLP

Federal Circuit Holds That The Term “Computer” Is Indefinite Based On Conflicting Positions Taken During Prosecution

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On February 10, 2021, the Federal Circuit held that the term “computer” was indefinite because the prosecution history included arguments distinguishing prior art references that relied on conflicting understandings of the...more

Saul Ewing LLP

Functionality Trumps User Experience for Patent Eligibility of Software Patents: An Overview of Simio, LLC v. FlexSim Software...

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The U.S. Court of Appeals for the Federal Circuit recently issued the decision of Simio, LLC. V. FlexSim Software Products, Inc. (Dec. 29, 2020). In upholding the District Court’s decision that the software claims at issue...more

Lowenstein Sandler LLP

FRAND And Efficient Infringement

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For more than a decade, public policymakers, competition agencies, courts, and government authorities around the world have been developing an increasingly detailed set of rules governing and defining fair, reasonable, and...more

Bradley Arant Boult Cummings LLP

Done at Step 1: When a Claim Is Tied to an Improvement, No Need to Proceed to Alice Step 2

By reversing the lower court’s ruling that the asserted claims were not patent-eligible under 35 U.S.C. § 101 in Uniloc v. LG Electronics, the Federal Circuit resurrected Uniloc’s infringement suit against LG Electronics. It...more

Farella Braun + Martel LLP

Strategy Lessons From Wells Fargo Fintech Patent Litigation

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more

Stinson LLP

Mobile Check Deposit Patent Case Headed for Trial

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Companies involved in mobile checking should watch case closely - The United States Automobile Association (USAA) owns a portfolio of patents aimed at mobile check deposit technology. One group of these patents is targeted...more

Shook, Hardy & Bacon L.L.P.

New Dogs, Old Tricks: Pet Insurance Company Looks to Guard its Tech Turf with Patent Lawsuit

In late June 2019, first-time patent plaintiff Trupanion sued first-time patent defendant Embrace Pet Insurance – two competitors in the fast-growing pet insurance industry – in the Northern District of Ohio over patents...more

WilmerHale

Automotive Tech In 2018: Legal Trends And Developments

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The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation. As we did at the close of 2017, we look...more

Shook, Hardy & Bacon L.L.P.

USAA Fighting To Protect Cloud-Based Check Depositing Assets Against Competitors

Over the years USAA has aggressively asserted its patent portfolio related to check depositing. Specifically, USAA holds itself out as an innovator in the research and development of allowing banking customers to deposit...more

Bradley Arant Boult Cummings LLP

Federal Circuit Breathes Life Back into Clean Coal Technology Suit

After a series of “Dead on Arrivals” from the Northern District of Illinois, the Federal Circuit on Tuesday resuscitated a patent infringement suit filed by Nalco Company against Chem-Mod, LLC, and others in the Northern...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

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