$5 Million Attorneys’ Fee Award Affirmed Because Government’s Litigation Position Not Substantially Justified In HITKANSUT LLC V. UNITED STATES, Appeal No. 19-1884, the Federal Circuit held that fee-shifting under 28... read more →
Attorneys and Clients Behaving Badly – Deliberately Withheld Offer for Sale Is Inequitable Conduct In Gs Cleantech Corp. v. Adkins Energy LLC, Appeal No. 16-2231,withholding and obscuring evidence of a... read more →
Patentee’s Lexicography Negates Infringement Despite Defendant’s Use of Claim Term in Product Literature In Plastic Omnium Advanced Innovation and Research v. Donghee America, Inc., Appeal No. 18-2087, the patentee’s... read more →
Contributors: Knobbe Martens Mere Potential for Future Appeal Does Not Prevent Triggering Estoppel of Inter Partes Reexamination When Party Fails to Seek Relief in the First Instance In Virnetx Inc.... read more →
Metadata Could Help Independently Corroborate Inventor Testimony of Prior Conception In Kolcraft Enterprises, Inc. v. Graco Children’s Products, Inc., Appeal Nos. 2018-1259, 2018-1260, inventor testimony of prior conception must be... read more →
Contributors: Knobbe Martens Federal Circuit Affirms Exceptionality Based On Inadequate Pre-Suit Investigation of Infringement In Thermolife International LLC v. GNC Corporation, Appeal Nos. 2018-1657, 2018-1666, the Federal Circuit determined that... read more →
Contributors: Knobbe Martens Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching In Personal Web Technologies, LLC v. Apple, Inc., Appeal... read more →
Contributors: Knobbe Martens Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal... read more →
Contributors: Knobbe Martens PTAB May Invalidate Claims on Reconsideration Based on Grounds Raised in the Institution Decision that Were Not Originally Instituted In AC Technologies S.A., V. Amazon.Com, Inc., Blizzard... read more →
Contributors: Knobbe Martens A Post-URAA Patent that Issues After but Expires Before a Related Pre-URAA Patent Is Not a Double-Patenting Reference Against the Pre-URAA Patent In Novartis Pharmaceuticals Corp. v.... read more →