News & Analysis as of

License Agreements Patent Trial and Appeal Board Patent Litigation

A&O Shearman

Federal Circuit Clarifies Nexus Standard For Secondary Consideration Licensing Evidence

A&O Shearman on

On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated and remanded two final written decisions by the Patent Trial and Appeal Board (“PTAB”) that found several claims of Ancora Technologies,...more

Knobbe Martens

No Standing for Second Bite at the Apple

Knobbe Martens on

APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from...more

Knobbe Martens

Federal Circuit Remands CBM Appeals Under Arthrex, Leaves Forum Selection Dispute for Another Day

Knobbe Martens on

NEW VISION GAMING & DEVELOPMENT, INC. V. SG GAMING, INC. Before Newman, Moore, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded two CBM decisions under...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Judge Newman Dissents from the Federal Circuit in New Vision Gaming, Argues “Threshold Issue” of Forum-Selection Clause Must be...

Earlier this month, in the precedential decision  New Vision Gaming & Development, Inc. v. SG Gaming, Inc., FKA Bally Gaming, Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded a decision by...more

Foley & Lardner LLP

. License Agreement Not Enough for Standing on Appeal of an IPR Apple Inc. v. Qualcomm Inc.

Foley & Lardner LLP on

In a precedential decision, the Federal Circuit held that Apple lacked standing to appeal from its loss as petitioner in a couple of inter partes reviews (IPRs) against patent owner Qualcomm. Background - Qualcomm sued...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Kannuu v. Samsung: Forum Selection Clause Did Not Prohibit IPR Challenges

In Kannuu Pty Ltd. v. Samsung Electronics Co., Ltd., No 19-civ-4297 (S.D.N.Y Jan. 19, 2021), the parties’ forum selection clause in their non-disclosure agreement did not prevent Samsung Electronics Co., Ltd. (“Samsung”) from...more

Lathrop GPM

[Webinar] IP Litigation: Monetizing Your Patent Portfolio - August 18th, 1:00 pm - 2:00 pm CDT

Lathrop GPM on

Whether your portfolio comprises one patent or hundreds of patents, it is important to utilize the portfolio to support continued production and innovation efforts; to explore alternative revenue streams through licensing of...more

Patterson Belknap Webb & Tyler LLP

Judge Glasser Rules Patentee’s PTAB Arguments Against Standing Doom Breach of License Action

On June 17, 2020, United States District Judge I. Leo Glasser (E.D.N.Y.) ruled on the parties’ objections to reports and recommendations issued by U.S. Magistrate Judge Stephen M. Gold, and ultimately granted a motion for...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #2

PATENT CASE OF THE WEEK - Samsung Electronics America, Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020) - Our case of the week concerns issues particular to inter partes review...more

Nutter McClennen & Fish LLP

Licensee Challenges Ruling that a Standard Language Forum Selection Clause Bars PTAB Proceedings 

In a case that could have a significant impact on the interpretation and drafting of patent licensing agreements, a patent licensee filed an appeal for an en banc proceeding at the Federal Circuit to challenge the court’s...more

Knobbe Martens

Common Forum Selection Clause in License Agreement Prevents Patent Validity Challenge at PTAB

Knobbe Martens on

On April 18, 2019, the Federal Circuit issued a non-precedential opinion that is making stakeholders in the patent licensing community sit up and take note. The case was Dodocase VR, Inc. v. MerchSource, LLC, holding that a...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

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