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To Limit or Not to Limit: What Is the Basis of Your Prior Art Distinction During Prosecution?

USA - November 23 2020 Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing prior art based…

Sean Kim

The Mere Presence of Patent Issues in a Contract Dispute Does Not Create Federal Jurisdiction

USA - October 8 2020 Summary: The Federal Circuit held that claim construction issues in a contract dispute did not meet the “substantiality” prong of the Supreme Court’s…

Victoria E. Ellis, Paul Stewart

Publication Does Not Necessarily Defeat Joint Inventorship

USA - July 15 2020 Summary: An individual who contributes “significant building blocks” to an invention may still be an inventor even if the individual publishes the…

Serah Friedman, Ph.D., Paul Stewart

A Patentee Cannot Circumvent the Marking Requirement by Proving Separate Infringement of Method Claims

USA - July 15 2020 Summary: The Defendant’s infringement of method claims through internal use and testing was insufficient to support pre-suit damage that were based…

Suyoung Jang, Paul Stewart

The Federal Circuit May Not Award Attorney Fees for Work Performed During an IPR

USA - June 8 2020 Summary: While the Federal Circuit may be able to award fees under Section 285 for work performed during appellate proceedings, it cannot award fees…

Paul Stewart