Ordered To Agree: Binding Settlement Agreement Provision Found Despite Absence of Singular, Executed Agreement In Plasmacam, Inc. v. Cncelectronics, LLC Appeal No. 21-1689, the Federal Circuit held that an agreement on the meaning of a term in settlement negotiations may create a binding, enforceable agreement as to that term, despite... read more →
May
10
May
10
Intrinsic Record Thwarts Theory of Interchangeability In Apple Inc. v. Wi-Lan Inc. Appeal No. 20-2011, the Federal Circuit held that construing a broad claim term to be re-defined as a disclosed species on a theory that the terms are interchangeable requires that the intrinsic record clearly manifest a departure from... read more →
May
10
Federal Circuit Overrules Shaw and Broadens IPR Estoppel in District Court Proceedings In California Institute of Technology v. Broadcom Inc. and Apple Inc. Appeal No. 20-2222, the Federal Circuit held that IPR estoppel in district court proceedings applies to all claims and grounds which reasonably could have been included in... read more →
May
10
PTO Director’s Estoppel Decision Ending Reexam Is Subject to Judicial Review In Alarm.Com Inc. v. Hirshfeld Appeal No. 21-2102, the Federal Circuit held that the Administrative Procedure Act (APA) permits judicial review of a Patent Office decision vacating an ex parte reexamination based on estoppel. Alarm.com petitioned for inter partes... read more →
May
10
When an Unmet Need May Not Be Enough In Adapt Pharma Operations Ltd. v. Teva Pharms. USA, Inc. Appeal No. 21-1649, the Federal Circuit held that recent attempts by competitors to achieve patented technology, both before and after the patent’s publication, were not strong enough objective indicia of nonobviousness. Adapt... read more →
May
10
Effects of Proximity, Plurals, and Passive Voice for Claim Construction In Apple Inc. v. Mph Technologies Oy, Appeal No. 21-1532, the Federal Circuit held that the proximity of concepts in a claim may link the concepts together and affect the plain meaning of the claim. Apple petitioned for inter partes... read more →
May
10
Courts Must Properly Apply the Presumption in the Means-Plus-Function Analysis In Dyfan, LLC v. Target Corporation, Appeal No. 21-1725, the Federal Circuit held that where a claim does not use the word “means” and the record contains unrebutted expert testimony that a person of ordinary skill in the art would... read more →
May
10
Contributors: Akin Gump Strauss Hauer & Feld LLP Inventor Declaration Excluded by PTAB Because Examination in Foreign Proceeding No Substitute for Cross-Examination by IPR Counsel by Thomas W. Landers IV & Rubén H. Muñoz Patent Trial and Appeal Board, Patent Litigation, Inter Partes Review Apr. 11, 2022 In two related... read more →
May
10
Contributors: Akin Gump Strauss Hauer & Feld LLP Future Tense in Contractual Language Found Insufficient to Convey Title, Depriving Party of Right to License Patent by Caitlin E. Olwell & Rubén H. Muñoz Federal Circuit, District Court, Patent Infringement Mar. 29, 2022 Applying recent Federal Circuit precedent requiring language evincing... read more →
May
10
Contributors: Akin Gump Strauss Hauer & Feld LLP Speculative Allegations Regarding Operation of Accused Website Doom Patent Infringement Complaint by Jonathan James Underwood & Rubén H. Muñoz District Court, Patent Infringement, 12(b)(6) Motion to Dismiss Mar. 16, 2022 A judge in the Northern District of Georgia has granted a defendant’s... read more →