Jun 29

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 a case may be exceptional if the plaintiff failed to conduct an adequate pre-suit investigation into infringement, even if the... read more →
Jun 29

INTERNET SIGHTINGS – JUNE 2019

Internet Sightings by Frederic M. Douglas and James E. Hawes   IPWatchdog – a patent law blog – IPwatchdog.com * On May 22, 2019, Eileen McDermott discussed the draft text of proposed new Section 101. The proposed changes are directed towards favoring patent eligibility. The draft text of the bipartisan,... read more →
May 31
Courtroom

FEDERAL CIRCUIT SUMMARIES – May 2019

Prior Art Affected by a Claim Construction Should Be Either Admitted Into Evidence or Specifically Identified to Meet the Requirements of FRCP 46 In Omega Patents, LLC v. CalAmp Corp., Appeal No.  2018-1309, the Federal Circuit held the defendant failed to satisfy the requirements of Federal Rule of Civil Procedure... read more →
May 31

DISTRICT COURT AND PTAB HAPPENINGS – May 2019

Contributors: Akin Gump Failure to Seek Remand in View of SAS Triggers IPR Estoppel of Redundant Grounds  by Svetlana Pavlovic, Matthew George Hartman & Rubén H. Muñoz District Court, Patent Trial and Appeal Board, 35 U.S.C. § 315(e)(2) estoppel, Inter Partes Review, District of Delaware A recent decision from Judge... read more →
May 31

INTERNET SIGHTINGS – May 2019

by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * On March 25, 2019, Dustin Weeks, Robert Schaffer, and Joseph Robinson discussed... read more →
May 10
Apr 30
Apr 30

DISTRICT COURT AND PTAB HAPPENINGS – April 2019

Contributors: Akin Gump Alleged Reasonable Royalty Apportionment Deficiencies an Issue for the Jury. by Colin B. Phillips, Rachel J. Elsby & Daniel L. Moffett District Court, Eastern District of Texas In a memorandum order issued February 6, 2019, Magistrate Judge Roy S. Payne of the Eastern District of Texas denied... read more →
Mar 31

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 Circuit held that a party joined to an inter partes review has the right to appeal the Board’s final written... read more →
Mar 31

INTERNET SIGHTINGS – March 2019

Internet Sightings by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * On February 27, 2019, Robert Schaffer, Joseph Robinson, and Dustin Weeks discussed... read more →