News & Analysis as of

Patent Litigation Patents

Jones Day

Skechers IPR Still Kicking After Director Review

Jones Day on

In a Director Review, the Acting Director reversed a panel decision to discretionarily deny an IPR under § 325(d). The Acting Director held that the PTAB’s own findings in two previous IPRs sufficiently proved Examiner error...more

Womble Bond Dickinson

Gotta Catch ’Em All...In Court?: Nintendo Bolsters U.S. Patent Portfolio In Wake of Japanese Lawsuit Against Pocketpair

Womble Bond Dickinson on

If you are a game developer, IP attorney, or interested in video game law, consider the ongoing patent battle involving the popular games Pokémon and Palworld. (Yes, gameplay mechanics have long been patented.) In 2024,...more

Fish & Richardson

What a Difference a Break Makes at the ITC

Fish & Richardson on

Patent families claim inventions that are similar since the entire family claims the innovative features of a single or limited number of inventions. They do so by relying on the disclosure of a single patent specification...more

McDonnell Boehnen Hulbert & Berghoff LLP

Game, Set, and Match: Stories from the "Tennis Courts"

The U.S. Open tennis championships are currently underway in New York, with the main draw starting on a Sunday for the first time.  In the singles competition, top players like Emma Raducanu, Novak Djokovic, and Aryna...more

McDermott Will & Schulte

Claims barred by laches: Prosecution delay doesn’t pay, nor does skipping evidence of concrete injury

The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment for the US Patent & Trademark Office (PTO) on application of prosecution laches in an action under 35 USC § 145. The Federal Circuit also...more

McDermott Will & Schulte

Derivation proceedings highlight race to file under AIA

In one of the first decisions regarding derivation proceedings under the America Invents Act (AIA), the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that an application...more

BakerHostetler

Federal Circuit Confirms that Enablement of an Anticipatory Prior Art Reference Is Distinct from Enablement Under Section 112

BakerHostetler on

In Agilent Techs., Inc. v. Synthego Corp., the Federal Circuit addressed the difference between the enablement standard for an anticipatory prior art reference (under 35 U.S.C. § 102) and that for an applicant/patentee’s own...more

Womble Bond Dickinson

Unsettling Expectations: Avoiding Discretionary Denial of IPR Petitions

Womble Bond Dickinson on

USPTO Acting Director Coke Stewart’s introduction of settled expectations into the discretionary denial calculus for inter partes review (IPR) petitions has created an unexpected hurdle in the institution of IPRs. ...more

BakerHostetler

Federal Circuit Decides Its First-Ever Derivation Proceeding

BakerHostetler on

In Glob. Health Sols. LLC v. Selner, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) addressed its first-ever derivation proceeding under the Leahy-Smith America Invents Act of 2011 (AIA). Prior to passage...more

Knobbe Martens

Derivation ≠ Interference: First to File Keeps Rights if Conception Was Independent

Knobbe Martens on

GLOBAL HEALTH SOLUTIONS LLC v. SELNER - Before Stoll, Stark, and Goldberg (sitting by designation). Appeal from the Patent Trial and Appeal Board. The Federal Circuit affirmed the Board’s rejection of a derivation challenge,...more

Jones Day

All Grounds Must Be Addressed in Final Written Decision

Jones Day on

On July 29, 2025, Chief Administrative Patent Judge Scott R. Boalick circulated a memorandum to Members of the PTAB entitled “Final Written Decision Procedures for AIA Trial Proceedings.” ...more

Knobbe Martens

Life Science Update | August 2025

Knobbe Martens on

The Trump administration is considering changing the U.S. patent maintenance fee structure from the existing three fixed flat fees to an annual, value‑based “tax” model where patent holders would pay 1%–5% of the estimated...more

Alston & Bird

Patent Case Summaries | Week Ending August 29, 2025

Alston & Bird on

Global Health Solutions LLC, v. Marc Selner, No. 2023-2009 (Fed. Cir. (PTAB) Aug. 26, 2025). Opinion by Stark, joined by Stoll and Goldberg. “This case marks [the Federal Circuit’s] first review of an AIA derivation...more

Morgan Lewis

USPTO Tightens Limits on AAPA Use in IPRs Following Qualcomm Precedent

Morgan Lewis on

A recent memo from the acting director of the US Patent and Trademark Office directs the Patent Trial and Appeal Board (PTAB) to reject inter partes review (IPR) petitions that use “applicant admitted prior art (AAPA), expert...more

Foley & Lardner LLP

Federal Circuit Skeptical of Prosecution Laches

Foley & Lardner LLP on

In Google v. Sonos, the Federal Circuit soundly disposed of arguments that the patent-in-suit was unenforceable due to laches based on an “unreasonable delay” in patent prosecution. Does the court’s reasoning foreclose the...more

Morrison & Foerster LLP

Federal Circuit Pushes Back on Prosecution Laches

In October 2023, we reported on the district court decision in Sonos, Inc. v. Google LLC. The decision was notable for reviving the prosecution laches doctrine to render unenforceable a continuation patent filed 13 years...more

Bradley Arant Boult Cummings LLP

The Federal Circuit Calls for a Replay Allowing Sonos Another Opportunity at Google

The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more

Fish & Richardson

Analyzing SEPs: Strategies for Licensing Negotiations - The Licensing Journal

Fish & Richardson on

Standard essential patents (SEPs) play a crucial role in ensuring that technical standards are accessible and implementable across industries. These patents, which are deemed essential to implement particular technical...more

Womble Bond Dickinson

Controversy over “Composition”: Federal Circuit Highlights Drafting Discrepancy

Womble Bond Dickinson on

In a precedential ruling that underscores the importance of consistency in claim drafting, the United States Court of Appeals for the Federal Circuit reversed a claim construction based on an improper interpretation of the...more

Jones Day

Acting Director Reverses Previous Discretionary Denial

Jones Day on

For the first time under the bifurcated institution procedures, the Acting Director reversed her own prior discretionary denial, citing changed circumstances based on a settlement in the parallel district court litigation. ...more

White & Case LLP

The Federal Circuit clarifies AIA derivation standards: Independent conception is key

White & Case LLP on

In its first precedential review of an AIA derivation proceeding, the Federal Circuit held that to prove derivation, a petitioner has the burden of showing that the petitioner conceived the claimed subject matter and...more

Fish & Richardson

Brumfield and Its Wake: Extraterritorial Sales in Reasonable Royalty Damages

Fish & Richardson on

In 2024, the Federal Circuit set forth a standard for determining whether extraterritorial sales activity could be considered in a reasonable royalty award for patent infringement. Here, we summarize the court’s opinion in...more

Fish & Richardson

Standard Essential Patent FAQs

Fish & Richardson on

What are standards?   Standards are technological guidelines that enable various systems and/or components to work together using a common language....more

Womble Bond Dickinson

Revival of the Non-Practicing Entity Preliminary Injunction?

Womble Bond Dickinson on

A recent filing by the U.S. government in a pending Eastern District of Texas litigation signals a renewed interest by the current administration in potentially reviving the ability for non-practicing entities (“NPE”) to...more

Patterson Belknap Webb & Tyler LLP

Judge Román “Illuminates” Lack of Personal Jurisdiction and Improper Venue in Light Bulb Camera Case

Judge Nelson S. Román (S.D.N.Y.) recently granted a motion to dismiss for lack of personal jurisdiction and improper venue in a patent case. Wang v. Laview Eagle Eye Tech. Inc., No. 24-cv-01822-NSR, 2025 WL 2371222, at *1...more

10,768 Results
 / 
View per page
Page: of 431

"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