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May
10
Apr
30
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 No. 2018-1599, the Federal Circuit clarified that the mere fact that a certain thing may result from a given set... read more →
Apr
30
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
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 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 →
Mar
10
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 Entertainment, Inc., Appeal No. 2018-1433, the Federal Circuit held that the PTAB correctly invalidated claims on reconsideration, based on a... read more →
Mar
10
PTAB Has Authority to Modify Initial Institution Decision in Light of SAS by Andrew Schreiber, Matthew George Hartman & Rubén H. Muñoz, Akin Gump Cisco Sys. Inc. v. Oyster Optics, LLC, IPR2017-01720, Paper No. 31 (PTAB Jan. 22, 2019). Patent Trial and Appeal Board, Inter Partes Review In a recent... read more →
Mar
10
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 22, 2019, IPWatchdog remarked that bipartisan meetings in... read more →
Jan
30
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. Breckenridge Pharmaceutical Inc., Appeal Nos. 2017-2173, -2175, -2176, -2178, -2179, -2180, -2182, -2183, -2184, the Federal Circuit held that a... read more →
Jan
30
PTAB Denies Institution in Inter Partes Review of Patent Challenged in Twelve Previous Petitions by Matthew George Hartman & Daniel L. Moffett Patent Trial and Appeal Board, Inter Partes Review. Nov. 5, 2018 The Patent Trial and Appeal Board (the “Board”) exercised its discretionary power to deny institution in an... read more →