Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Interactions During Preliminary Proceeding Can Doom PTAB Filing Since last summer’s decisions in Applications in Internet Time, LLC v. RPX Corp. , and Worlds Inc. v. Bungie, Inc. , the Patent Trial & Appeal Board (PTAB) has seen RPI/privity disputes…
REGENTS OF THE UNIV. OF MINN. v. LSI CORPORATION Before Dyk , Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary : State sovereign immunity does not apply to IPR proceedings asserted against patents owned by or assigned to states,…
POWER INTEGRATIONS, INC v. SEMICONDUCTOR COMPONENTS Before Prost , Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : An IPR is time-barred under 35 U.S.C. § 315(b) if, at the time of institution, the petitioner is in privity…
SAMSUNG ELECTRONICS CO., LTD. v. ELM 3DS INNOVATIONS, LLC Before Moore , Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : If the technology is complex, a party may be required to provide more evidence of a reasonable expectation of…
In my first post on the Subcommittee Hearings held last week , I noted the absence of many witnesses from the life science industry, as opposed to groups such as IPO, AIPLA, BIO, ACLU and PhMA. The third and final panel , held yesterday, remedied this…
In lengthy hearings conducted by the Senate Subcommittee on Intellectual Property (of the Committee on the Judiciary) on June 4th and 5th (Parts I and II; Part III will be held on June 11th ), the Subcommittee, chaired by Senators Tillis and Coons, 30 IP…
A federal court in Wisconsin recently awarded Ultratec, Inc. and Captel, Inc. more than $5.4 million in damages, based on a patent infringement claim brought against Sorenson Communications and CaptionCalls. The patent is directed toward technology to…
Plan Ahead for 101 Change With the Senate conducting marathon hearings on the subject of patentable subject matter this week (i.e., 35 U.S.C. § 101), and with significant effort to date to move legislation forward , it appears that 101 change is…
CASE OF THE WEEK Lone Star Silicon Innovations LLC v. Nanya Technology Corporation , Appeal No. 2018-1581, -1582 (Fed. Cir. May 30, 2019) In the only precedential patent case this week, the Federal Circuit addressed whether a party who is not a patentee or…
LONE STAR SILICON INNOVATIONS v. NANYA TECHNOLOGY CORPORATION Before O’Malley , Reyna, Chen. Appeal from the Northern District of California. Summary : When a patent assignee does not acquire all substantial rights in a patent, Rule 19 compels courts…
CASE OF THE WEEK Papst Licensing GMBH & Co. KG v. Samsung Electronics America, Inc. , Appeal No. 2018-1777 (Fed. Cir. May 23, 2019) In a sternly-worded decision this week, the Federal Circuit held claims to be invalid because the patentee dropped a related…
Written by : Bridget A. Smith & Philip M. Nelson On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101 reform, in a further attempt to reduce procedural obstacles for patent applicants. The draft bill…
