Sep 02

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 independently corroborated. Kolcraft owns two design patents directed to children’s play equipment.  Graco petitioned for inter partes review challenging both... read more →
Sep 02
Sep 02

INTERNET SIGHTINGS – August / September 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 patent law blog – IPwatchdog.com On August 12, 2019, a post reviewed the Federal Circuit opinion in... read more →
Jul 30

FEDERAL CIRCUIT SUMMARIES – July 2019

Contributors: Knobbe Martens Beware of What You Say: Prosecution History Estoppel In Samsung Electronics Co., Ltd. v. Elm 3DS Innovations, LLC, Appeal Nos. 2017-2474, -2475, -2476, -2478, -2479, 2480, -2482, -2483, -2018-1050, -1079, -1080, 1081, 1082, the Federal Circuit found that if the technology is complex, a party may be... read more →
Jul 30

DISTRICT COURT AND PTAB HAPPENINGS – July 2019

Contributors: Akin Gump PTAB: Reexamination Does Not Reset the One-Year Deadline For Filing a Petition for Inter Partes Review  by Matthew George Hartman & Rubén H. Muñoz Patent Trial and Appeal Board, 35 U.S.C. § 315(b), Inter Partes Review The Patent Trial and Appeal Board has denied a Petitioner’s request... read more →
Jul 30

INTERNET SIGHTINGS – July 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 patent law blog – IPwatchdog.com On June 27, 2019, Burman York “Bud” Mathis III provided his opinion that the Supreme... read more →
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 →