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Federal Circuit Summaries

Government’s Pre-Litigation Conduct Cannot Justify a Court of Claims Fee Award In Fastship, Llc V. Us., Appeal No. 19-2360, A Court of Claims fee award under 28 U.S.C. § 1498(a),... read more →
  • December 28, 2020
  • staff
  • Federal Circuit Summary, Patent, Trademark

Federal Circuit Summaries

$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 →
  • September 27, 2020
  • staff
  • Federal Circuit Summary

Federal Circuit Summaries

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 →
  • June 6, 2020
  • staff
  • Federal Circuit Summary, Patent, Trademark

FEDERAL CIRCUIT SUMMARIES

  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 →
  • February 1, 2020
  • staff
  • Federal Circuit Summary, Patent

FEDERAL CIRCUIT SUMMARIES – September 2019

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 →
  • September 30, 2019
  • staff
  • Federal Circuit Summary, Patent

FEDERAL CIRCUIT SUMMARIES – August / September 2019

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 →
  • September 2, 2019
  • staff
  • Federal Circuit Summary, Patent

FEDERAL CIRCUIT SUMMARIES – JUNE 2019

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 →
  • June 29, 2019
  • staff
  • Federal Circuit Summary, News, Patent, Trademark

Federal Circuit Summaries – April 2019

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 →
  • April 30, 2019
  • staff
  • Federal Circuit Summary

FEDERAL CIRCUIT SUMMARIES – March 2019

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 →
  • March 31, 2019
  • staff
  • Federal Circuit Summary

FEDERAL CIRCUIT SUMMARIES – February | March 2019

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 →
  • March 10, 2019
  • staff
  • Federal Circuit Summary, News, Patent, Trademark
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Serving the Orange County Intellectual Property law community since 1983.

Orange County Intellectual Property Law Association
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Newport Beach, CA 92658

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