Earlier this year, the Federal Circuit’s decision in Qualcomm Inc. v. Apple Inc. (Qualcomm II) raised questions about the extent to which petitioners can rely on applicant admitted prior art (“AAPA”) in inter partes review...more
The Federal Circuit recently reversed a PTAB determination on remand that a patent was obvious over applicant admitted prior art (“AAPA”) in combination with prior art patents, holding that expressly designating AAPA as a...more
The Unified Patent Court (UPC) aims to provide expeditious decisions for its litigants. That means that there is a higher bar for obtaining extensions of time. As exemplified in BMW v. ITCiCo, the UPC’s reluctance to grant...more
Inter partes review (IPR) proceedings can give rise to statutory and collateral estoppel. But these two bases for estoppel attach at different times, which can lead to asymmetrical outcomes in related district court...more
In a recent inter partes review (IPR), a patent owner overcame a facially persuasive obviousness challenge by relying on evidence from an earlier litigation to establish objective indicia of nonobviousness.
In RTI...more
SUPREME AND FEDERAL COURT CASES -
U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine -
The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more
1/18/2016
/ America Invents Act ,
Apple ,
Claim Construction ,
CLS Bank v Alice Corp ,
Inter Partes Review (IPR) Proceeding ,
JMOL ,
Kessler Doctrine ,
Office Depot ,
Patent Infringement ,
Patent Invalidity ,
Prior Art ,
SCOTUS ,
Software ,
VoIP ,
Wal-Mart