Latest Posts › Intellectual Property Protection

Share:

Differing Burdens of Proof Limits Estoppel Effect of PTAB Final Written Decision

On February 10, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Kroy IP Holdings, LLC v. Groupon, Inc., reversing and remanding a district court ruling that had dismissed Kroy’s patent...more

Published but not Public? Federal Circuit Confirms Published Patent Applications Count as Prior Art from Filing Date in IPRs.

On January 14, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Lynk Labs, Inc. v. Samsung Electronics Co., No. 23-2346 (Fed. Cir. Jan. 14, 2025), addressing whether a...more

Generalized Testimony Falls Short in Doctrine of Equivalents Analysis

On October 24, 2024, the United States Court of Appeals for the Federal Circuit issued a ruling in Nexstep, Inc. v. Comcast Cable Communications, LLC, affirming the District Court for the District of Delaware’s judgment of...more

The Hidden Hurdles Of Section 101 Eligibility Determinations

On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against...more

Supreme Court Uses Enablement To Curb Broad Patents

On May 18, 2023, the Supreme Court held claims of two patents owned by Amgen, Inc. to be invalid for failing to enable persons skilled in the art to practice the invention as required by 35 U.S.C. §112.  Amgen, Inc., et al....more

District Court Finding of Invalidity Does Not Excuse Applying Fintiv Factors For Discretionary Denial

On May 2, 2023, in Volvo Penta of the America’s, LLC v. Brunswick Corp., Case No. 2022-1366 et al., Paper 15 (PTAB May 2, 2023), Director Vidal sua sponte vacated a PTAB decision denying IPR institution due to a district...more

Federal Circuit Revives Big Tech’s Fintiv Challenge

On March 13, 2023, in Apple, Inc., et al. v. Vidal, Case No. 2022-1249 (Fed. Cir. March 13, 2023), the Federal Circuit reversed and remanded a decision from the Northern District of California dismissing a lawsuit filed by...more

Plausible Factual Allegations Supported By The Intrinsic Record Key To Overcoming Section 101 Patent-Eligibility Challenge

On September 28, 2022, the Federal Circuit reversed and remanded a decision from the Northern District of California granting a Rule 12 Motion to Dismiss on the basis that claims of U.S. Patent No. 9,432,452 were invalid...more

Restoring Patent Eligibility May Not Restore Clarity

On August 2, 2022, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022 (S. 4734) (“PERA”).  Senator Tillis characterized the bill to “restore patent eligibility to important inventions across...more

If patent owners can’t mess with the Western District of Texas, then what next?

On July 25, 2022, Chief Judge Orlando Garcia of the Western District of Texas effectively stripped the Waco Division of its dominance in patent cases by randomizing the judge assignment of patent cases filed in that division....more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide