Sep
05
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...
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Sep
05
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....
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Jul
31
Claims Without the Term “Means” Are Presumed to Not Be Means-Plus-Function Claims, However the Presumption Is Rebuttable In Zeroclick, LLC v. Apple Inc., Appeal No. 2017-1267, the Federal Circuit held that failure to use the word “means” in the asserted claims created a rebuttable presumption that the asserted claims were...
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Jul
31
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...
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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...
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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...
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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...
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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....
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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,...
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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...
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