Nov 01
Nov 01

District Court & PTAB Happenings – October 2018

IPR Estoppel Does Not Bar Commission Investigative Staff from Asserting Prior Art References in an ITC Investigation by Andrew Ford Schwerin, John Wittenzellner, Ruben Munoz International Trade Commission, 35 U.S.C. § 315(e)(2) estoppel Although issues of inter partes review (IPR) estoppel have arisen often in district court litigation, they have... read more →
Nov 01

Internet Sightings – October 2018

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 August 26, 2018, Russell Slifer described the Patent Trial and Appeal Board (PTAB) recent update to its Trial Practice... read more →
Sep 05
Sep 05

District Court & PTAB Happenings – August 2018

District Court Denies Plaintiff’s Summary Judgment Motion on Improper Inventorship Defense, But Grants Plaintiff’s Motion on Derivation Defense by Andrew Ford Schwerin, John Wittenzellner & Charles Everingham IV, Akin Gump The patent defenses of improper inventorship and derivation are closely related, and both can be raised from a common set... read more →
Sep 05

Internet Sightings – August 2018

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 July 20, 2018, Steve Bachmann explained Federal Circuit decision in Blackbird Tech.., LLC v. ELB Electronics, Inc., No.... read more →
Jul 31
Jul 31

District Court & PTAB Happenings – July 2018

PTAB Finds Estoppel In Decision Addressing the Meaning of “Reasonably Could Have Been Raised” in Cases Joined Following Institution of Trial  by Rehan M. Safiullah, Akin Gump The Patent Trial and Appeal Board (PTAB) partially dismissed Facebook, Inc. and WhatsApp Inc. from an inter partes review (IPR) proceeding on estoppel... read more →
Jul 31

Internet Sightings – July 2018

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 July 13, 2018, Robert Schaffer and Joseph Robinson explained the holding in Impax Labs., Inc. v. Lannett Holdings... read more →
Jun 29

Federal Circuit Summaries – June 2018

A Plaintiff Requesting Disgorgement of Profits as a Remedy for Trade Secret Misappropriation does not have a 7th Amendment Right to a Jury Based Solely on the Request for Disgorgement In Texas Advanced Optoelectronic (“TAO”) v. Renesas Electronics America (“Intersil”), Appeal Nos. 2016-2121, 2016-2208, 2016-2235, the Federal Circuit held that... read more →