Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASES OF THE WEEK Kannuu Pty Ltd. v. Samsung Electronics Co. , Appeal No. 2021-1638 (Fed. Cir. Oct. 7, 2021) The Federal Circuit addressed whether a forum selection clause in an NDA may prohibit a party from petitioning for an inter partes review with the…
KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York. Summary: The forum selection clause in the parties' non-disclosure agreement only…
Day after day the world becomes smaller as more businesses expand overseas with their products or services. However, this comes with a risk of the unauthorized use of your trademark by others, else known as infringement. This risk increases with the…
Last month we released our fifth annual IPR Intelligence Report. This popular IP report evaluates all stakeholders in Inter-Partes Review (IPR) proceedings each year. The report ranks IPR firms, attorneys, petitioners, patent owners and judges under…
COSMOKEY SOLUTIONS GMBH & CO. KG V. DUO SECURITY LLC Before O’Malley, Reyna, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Patent claims directed to computer-implemented authentication and verification…
ACCELERATION BAY LLC v. TAKE-TWO INTERACTIVE SOFTWARE Before Moore, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: The “final assembler” theory of direct infringement does not apply to…
Mario Delegato and Tyler Hall CASE OF THE WEEK In re: Vivint, Inc. , Appeal No. 2020-1992 (Fed. Cir. Sept. 29, 2021) In an appeal from the United States Patent Trial and Appeal Board, the Federal Circuit addressed whether a party may challenge the validity…
IN RE: SURGISIL, L.L.P. Before Moore, Newman, and O’Malley. Appeal from the Patent Trial and Appeal Board Summary: A design patent claiming the design of an article of manufacture cannot be anticipated by the design for a different article of…
We all know the importance of trademark registration as a crucial step for protecting your brand identity. But what are some of the steps that you need to take in order to successfully register your trademark, especially when it comes to logos? First of…
SRI INTERNATIONAL, INC. v. CISCO SYSTEMS, INC. Before LOURIE, O’MALLEY, and STOLL. Appeals from the United States District Court for the District of Delaware. Summary: Applying the proper test for willful infringement, the Federal Circuit reinstated…
In Re: Juniper Networks, Inc. Before Lourie, Bryson, and Taranto. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas. Summary: A party’s relatively insignificant presence in a forum is…
CASE OF THE WEEK In re: Juniper Networks, Inc. , Appeal No. 2021-160 (Fed. Cir. Sept. 24, 2021) In this week’s Case of the Week, the Federal Circuit issued its fifth writ of mandamus this year ordering transfer of a patent case out of the Western…
