877 articles · page 58 of 74
CASE OF THE WEEK Ericsson Inc. v. Intellectual Ventures I LLC , Appeal No. 2017-1521 (Fed. Cir. Aug. 27, 2018) In an appeal from an inter partes review, the Court reviewed the Patent Trial and Appeal Board’s authority to strike arguments improperly…
Federal Circuit Summary Before Prost, Wallach , and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : TTAB did not abuse its discretion by (1) refusing to consider factual assertions made in a brief, where no evidence was introduced…
CASE OF THE WEEK In re Ron Maatita , Appeal No. 2017-2037 (Fed. Cir. Aug. 20, 2018) In an appeal from an examiner’s rejection, the Federal Circuit addressed a rare issue concerning the application of 35 U.S.C. § 112 to design patents . The…
Federal Circuit Summary Before Dyk , Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : A two-dimensional drawing of a three-dimensional object may meet the enablement and definiteness requirements for a design patent. Ron Maatita…
Federal Circuit Summary Before Lourie, Dyk , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The section 315(b) time-bar for IPRs applies even when the underlying complaint alleging infringement has been voluntarily dismissed without…
Federal Circuit Summary Before Reyna, Bryson , and Hughes. Appeal from the Northern District of California. Summary : Breach of a duty of disclosure to a standards-setting organization may constitute implied waiver, thus rendering a patent unenforceable,…
Federal Circuit Summary Before O’Malley, Bryson , and Chen. Appeal from the Patent Trial and Appeal Board. Summary : A writ of mandamus cannot be used as an alternative means of obtaining appellate review of institution decisions in IPRs, since…
CASE OF THE WEEK Click-to-Call Technologies, LP v. Ingenio, Inc. , Appeal No. 2015-1242 (Fed. Cir. Aug. 16, 2018)‎ In an appeal of an inter partes review, the Federal Circuit reviewed for the first time the merits of whether a petition was time barred…
Federal Circuit Summary Before O’Malley , Mayer, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A case may be exceptional if: (1) fact witnesses are compensated based on the outcome of the case, (2) relevant…
Federal Circuit Summary Before Reyna, Wallach, and Hughes . Appeal from the District Court for the Eastern District of Texas. Summary: When the only unconventional feature of the patent claim is what has already been determined to be an abstract idea, the…
CASE OF THE WEEK JTEKT Corporation v. GKN Automotive Ltd. , Appeal No. 2017-1828 (Fed. Cir. Aug. 3, 2018) The Federal Circuit dismissed an appeal from an inter partes review , holding that, although JTEKT Corporation had the right to file an inter partes…
Federal Circuit Summary Before Lourie , O’Malley, and Taranto . Appeal from the United States District Court for the Northern District of Texas. Summary: Where remand of post-reexamination claims that issued during the pendency of an appeal would be…
