W.D. Tex. Court Finds Kimble Inapplicable to Royalties Based on a Foreign Patent; Enforces License by Andrew Ford Schwerin, Akin Gump In a dispute over a worldwide license agreement for elliptical machines, the court found enforceable a provision that required royalty payments after the expiration of U.S. patents, but before... read more →
Mar
30
Mar
30
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. * In a post on February 10, 2018, Gene Quinn detailed how and why to avoid making admissions as to... read more →
Mar
02
Extrinsic Evidence May Be Used to Interpret an Anticipating Reference In Monsanto Technology LLC v. E.I. Dupont De Nemours, Appeal No. 2017-1032, the Federal Circuit held that extrinsic evidence can be used to find that an allegedly anticipating reference necessarily includes relevant claim limitations. E.I. DuPont de Nemours & Co.... read more →
Mar
02
No Rehearing Because of Hindsight Declaring by Brock F. Wilson, Matthew George Hartman & Rubén H. Muñoz, Akin Gump The Patent Trial and Appeal Board (PTAB) denied a petitioner’s request for rehearing of its decision declining institution of inter partes review of a patent owned by Bose Corporation (“Patent Owner.”)... read more →
Mar
02
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 * In a post on January 17, 2018, John M. Roqitz discussed the Federal Circuit finding a virus-screening method not abstract... read more →
Feb
08
Redundant Ground in an IPR Was Not Outside the Instituted Grounds In CRFD Research, Inc. v. Matal, Appeal No. 2016-2198, the Federal Circuit held that the Board erred in performing its obviousness analysis when determining whether a single prior art reference rendered the claims at issue obvious. (more…)
Feb
08
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 * In a post on December 16, 2017, Robert Schaffer and Joseph Robinson discussed the Federal Circuit invalidating a patent on... read more →
Dec
15
Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting en banc, held that a patent owner does not bear the burden of persuasion with respect to the patentability of... read more →
Dec
15
Expert Testimony Stricken for Failure to Adhere to Entire Market Value Rule By R. Tyler Kendrick, Akin Gump On November 1, 2017, District of Delaware Judge William Bryson granted defendants D&M Holdings Inc., D&M Holdings U.S. Inc. and Denon Electronics (USA), LLC’s (collectively, “D&M”) motion to strike part of the... read more →
Dec
15
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 * In a post on November 2, 2017, Alec Schibanoff discussed the benefits of “open patent prosecution” which is essentially filing... read more →