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
Jul
31
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
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 →
Jun
29
PTAB Allows Supplementation of Record with Evidence of Public Availability of Prior Art Reference by Melissa R. Gibson, Rachel J. Elsby & Rubén H. Muñoz, Akin Gump The Patent Trial and Appeal Board (“PTAB”) granted Petitioners RPX Corporation and Advanced Micro Device, Inc.’s unopposed motion to submit supplemental information pursuant... read more →
Jun
29
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 May 30, 2018, Jeff O’Neill discussed patent examiner statistics used by some patent practitioners to improve prosecution strategy.... read more →
Jun
04
USPTO Has Standing to Defend Appeal From Inter Partes Reexamination In Knowles Electronics LLC V. IANCU, Appeal No. 1954, the Federal Circuit determined that the USPTO has standing to intervene to defend its decision, even when the requestor has withdrawn. Knowles appealed an inter partes reexamination decision of the PTAB,... read more →
Jun
04
Competing Policy Interests Cause PTAB to Deny Request to Vacate Final Written Decision in View of Settlement by Jenna Marie Pellecchia, Rachel J. Elsby & Rubén H. Muñoz, Akin Gump On April 12, 2018, the Patent Trial and Appeal Board (PTAB) denied a patent owner’s request to vacate a final... read more →
Jun
04
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 April 30, 2018, Joseph Robinson and Robert Schaffer discussed James v. j2 Cloud Services, LLC, No. 2017-1506, 2018... read more →
May
01
Federal Circuit Affirms PTAB’s Claim Construction That Is in Accord With Prior Federal Circuit Construction In Knowles Electronics LLC v. Cirrus Logic, Inc., Appeal No. 2016-2010, the Federal Circuit upheld the Patent Trial and Appeal Board’s claim construction in an inter partes reexamination, where the Board applied the broadest reasonable... read more →
May
01
Northern District of California Enforces Forum Selection Clause in License Agreement and Orders Licensee to Withdraw IPR Petitions by Ryan Stronczer, Matthew George Hartman & Rubén H. Muñoz, Akin Gump On March 23, 2018, a district court judge issued a preliminary injunction requiring the defendants to withdraw their petitions for... read more →