In the past few months, the U.S. Patent and Trademark Office (“PTO”) Acting Director has made substantial changes to the process for, and factors considered in, exercising discretion to deny institution of an inter partes...more
7/25/2025
/ Administrative Authority ,
Administrative Procedure ,
Appeals ,
Appellate Courts ,
Due Process ,
Government Agencies ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
USPTO
In a pivotal ruling for patent damages and standard-essential patent (SEP) litigation, the Federal Circuit vacated a $300 million award against Apple in a long-standing dispute with Optis Cellular Technology, LLC. See Optis...more
7/8/2025
/ Appeals ,
Apple ,
CAFC ,
Corporate Counsel ,
Damages ,
Evidence ,
Expert Testimony ,
FRAND ,
Patent Infringement ,
Patent Litigation ,
Section 101 ,
Standard Essential Patents
In what is certain to become a landmark decision, the Federal Circuit has resolved a long-standing question that divided patent litigators and judges alike: does IPR estoppel apply to physical systems (“system art”) described...more
5/9/2025
/ Appeals ,
CAFC ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Judicial Authority ,
Litigation Strategies ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Prior Art ,
Statutory Interpretation
The Federal Circuit issued a precedential opinion on March 4, 2025, that serves as valuable guidance for product-by-process claims, particularly in the context of inherency in claim construction. In Restem, LLC v. Jadi Cell,...more
4/24/2025
/ Appeals ,
Biotechnology ,
Claim Construction ,
Inherency ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Prior Art
For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted Google’s petition for...more