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1
Dueling Declaratory Judgment Suits Result In A Dismissal And Boomerang Transfer Back To The First-Filed Forum Under TC Heartland
On April 17, 2019, Judge Gilstrap of the United States District Court for the Eastern District of Texas, in Apicore v. Beloteca, No. 19-cv-00077, held that while the court
United States
16 May 2019
2
Understanding Antedating Of A Prior Art Reference For A Patent
The Federal Circuit's decision in ATI Technologies ULC v. Iancu (April 11, 2019) highlights the proper standard to use in evaluating whether a claimed invention was reduced to practice before
United States
2 May 2019
3
Collateral Estoppel Bars Assertion Of Patent Claims That Do Not "Materially Alter The Question Of Invalidity" Relative To Claims Invalidated In IPR Proceedings
On April 4, 2019, Chief Judge Patti Saris of the United States District Court for the District of Massachusetts held in Intellectual Ventures I, LLC v. Lenovo Group Ltd. that a final determination
United States
26 Apr 2019
4
Patent Claim Preamble Lessons From Arctic Cat Inc. v. GEP Power Products
The general rule is that a patent claim's preamble does not limit the claim unless the preamble gives life, meaning, and vitality to the claim.
United States
26 Apr 2019
5
Precedential PTAB Panel Says Petitioners Can Join Their Own Earlier-Filed IPRs And Join New Issues In Limited Circumstance
In its first decision since its inception, the Precedential Opinion Panel ("POP") for the U.S. Patent Trial and Appeal Board, in Proppant Express Investments, LLC v. Oren Technologies, LLC, IPR2018-00914, ...
United States
11 Apr 2019
6
Expert's Lump-Sum Damage Calculation Is Not Inadmissible Because It Accounts For Future Sales Of Potentially Non-Accused Products
A recent order from the District of Delaware in Evolved Wireless, LLC v. Apple Inc., No. 15-00542 ("Evolved Wireless") provides interesting guidance regarding the use of future sales in calculating
United States
10 Apr 2019
7
Commission Reverses Apple Infringement Finding, Thereby Mooting The Public Interest Inquiry...For Now
Yesterday afternoon, the International Trade Commission issued its Final Determination in Certain Mobile Electronic Devices and Radio Frequency and Process Components Thereof, 337-TA-1065.
United States
8 Apr 2019
8
FRAND Licensing Of Global Portfolios – Who Gets To Set Worldwide Rates?
A key issue in the licensing of standard essential patents (SEPs) is whether national courts have jurisdiction to determine what constitutes a global fair, reasonable ...
UK
5 Apr 2019
9
Panoptis' Recent Victory Against Huawei Demonstrates Why An International Enforcement Approach Is Advisable For Standard-Essential Patents
PanOptis Patent Management, LLC ("PanOptis") was recently awarded enhanced damages and ongoing royalties as a result of Huawei Technology Co. Ltd. ("Huawei") infringing five of its patents.
United States
2 Apr 2019
10
Cert. Denied – Patent Owners Still Must Prove Unpatented Features Did Not Drive Consumer Purchasing To Rely On EMVR
On February 25, 2019, the Supreme Court denied Power Integrations, Inc.'s ("Power Integrations") petition for writ of certiorari.
United States
29 Mar 2019
11
The FUCT Mark: Is The Prohibition On Scandalous Marks Unconstitutional?
The constitutionality of yet another portion of Section 2(a) of the Lanham Act will soon be determined.
United States
26 Mar 2019
12
Designing Around A Monopoly: The Public Interest Dispute Between Qualcomm And Apple Takes A New Turn
As we mentioned in December, the International Trade Commission issued a notice to review the Final Initial Determination and Recommended Determination issued by Administrative Law Judge Pender...
United States
21 Mar 2019
13
U.S. Supreme Court Holds That Copyrights Must Be Registered Before Plaintiffs Can File Infringement Suits
The U.S. Supreme Court held today that bringing a suit for copyright infringement requires that the infringed work actually be registered with the U.S. Copyright Office ...
United States
14 Mar 2019
14
Northern District Of California Holds That Patent Suit Against Only Foreign Entities Is Permissible Even Where Inclusion Of Domestic Entities Would Alter Venue Analysis
A recent order from the Northern District of California in AU Optronics Corporation America v. Vista Peak Ventures, LLC, 4:18-cv-04638 (CAND 2019-02-19) ("AU Optronics") ...
United States
11 Mar 2019
15
The Tall Tale Of The Domestic Industry
There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission, ...
United States
7 Mar 2019
16
Continental Circuits LLC v. Intel Corp., Et Al: Federal Circuit Reemphasizes Prohibition On Importing A Preferred Embodiment Into Patent Claims
The Court of Appeals for the Federal Circuit (CAFC) recently issued a precedential opinion finding that a lower court had improperly incorporated an embodiment from the specification
United States
28 Feb 2019
17
Time-Barred IPR Petitioners Have Separate Standing To Appeal PTAB Decisions
Mylan, Breckenridge, and Alembic appealed the PTAB's FWD upholding the validity of the reissued '551 claims.
United States
18 Feb 2019
18
PTAB Finds That Allowing IPR Petitioner To Avoid A Statutory Bar By Retroactively Adding Missing Real Party In Interest Is "In The Interest Of Justice"
Recently, in ZTE (USA) Inc. v. Fundamental Innovation Int'l LLC, IPR2018-00425, Paper No. 34 (Feb. 6, 2019) ...
United States
14 Feb 2019
19
Patent Term Adjustment: The Real Meaning Of Applicant Delay
On January 23, 2019, the Federal Circuit decided Supernus Pharmaceuticals, Inc. vs. Iancu and shed light on Patent Term Adjustment (PTA).
United States
11 Feb 2019
20
Year In Review: The Most Popular Blog Posts Of 2018
As 2019 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2018.
United States
5 Feb 2019
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