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Clear and Convincing Evidence Patent Invalidity Patent Litigation

A&O Shearman

Federal Circuit Issues Key Ruling On Collateral Estoppel And Patent Invalidity

A&O Shearman on

The Federal Circuit recently issued a decision in the ongoing dispute in Kroy IP Holdings, LLC v. Groupon, Inc., addressing the collateral estoppel effect of Patent Trial and Appeal Board (PTAB) decisions on subsequent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Juno Therapeutics, Inc. v. Kite Pharma, Inc. (Fed. Cir. 2021)

Dominating the entering gallery of the Impressionists exhibit at the Art Institute of Chicago is Georges Seurat's A Sunday on La Grande Jatte (see below). Painted in the pointillist style, the work comprises millions of...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Water Services, Inc. v. Novozymes A/S (Fed. Cir. 2019)

Earlier this year, in U.S. Water Services, Inc. v. Novozymes A/S, the Federal Circuit reversed a decision by the U.S. District Court for the Western District of Wisconsin, partially granting judgment as a matter of law in...more

WilmerHale

Here We Go Round the Merry-Go-Round: How a § 101 Denial May Inform a Subsequent Motion

WilmerHale on

With the explosion of 35 U.S.C. § 101 challenges since Alice v. CLS Bank,1 litigants and courts are well familiar with its applicable two-part inquiry. Overlaying and shaping the Alice inquiry, however, are the parties’...more

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