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CAFC Patent Cases, 10/26/20 – 11/09/20

Precedential Federal Circuit Opinions: In Re NITRO FLUIDS L.L.C. [ORDER] (2020-0142, 10/28/28) (REYNA, WALLACH, and CHEN)  - Reyna, J.  The Court considered a petition for a writ of mandamus seeking transfer from the...more

Federal Circuit Patent Updates - September 2020

Precedential Federal Circuit Opinions - ANTENNASYS, INC. v. AQYR TECHNOLOGIES, INC. [OPINION] (O’Malley, Bryson, Reyna) - O’Malley, J. Remanding to district court to address threshold issues of whether case should be...more

5 Takeaways From Post-SAS Inter Partes Reviews

We surveyed inter partes review proceedings instituted in the year following the U.S. Supreme Court's 2018 decision in SAS Institute Inc. v. Iancu, and identified five takeaways regarding the Patent Trial and Appeal Board's...more

What District Courts Are Saying About Admissibility Of IPR

Six years after the America Invents Act created inter partes review proceedings, patent disputes increasingly involve parallel litigation, with at least one inter partes review proceeding in tandem with district court...more

Binding Claim Construction Rulings Pre- Teva Vs. Post -Teva

In Teva Pharmaceuticals USA Inc. v. Sandoz Inc., the U.S. Supreme Court held that clear error review applies to factual determinations underlying district court claim constructions. There has been much discussion about the...more

Scandalous, Immoral And Disparaging Patents In Light Of Tam

The Federal Circuit sitting en banc recently held in Tam that Section 2(a) of the Lanham Act, which prohibits the U.S. Patent and Trademark Office from registering trademarks that “may disparage” persons, institutions, or...more

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