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If You Buy the Whole Company, You Can Fight Its Legal Battles

USA - February 11 2021 The purchaser or assignee of all assets and interests of the requester of inter partes reexamination could substitute as real-party-in-interest at…

Eric R. Malmgren.

Non-Infringement Need Not Be “Actually Litigated” to Shield Accused Products From Infringement Liability in Subsequent Actions

USA - June 18 2020 PersonalWeb Technologies LLC (“PersonalWeb”) sued dozens of Amazon’s customers alleging infringement of several related patents. Amazon intervened…

Ari Feinstein, Paul Stewart.

The Disclosure-Dedication Doctrine Applies Even When Disclosure Relates to a Different, Unclaimed Embodiment

USA - May 11 2020 Summary: The disclosure-dedication doctrine precludes infringement under doctrine of equivalents where the patent discloses, but does not claim, an…

Christopher L. Lewis, Paul Stewart.

Competing Evidence Regarding Whether Reference Qualifies as Primary Reference Precludes Summary Judgment of Obviousness of a Design Patent

USA - April 20 2020 Summary: Summary judgment of obviousness is improper for a design patent if there is a genuine dispute as to whether a prior art design is “basically…

Paul Stewart, Samuel I. Cockriel.

Using the Intrinsic Record to Resolve Alice Step One

USA - April 20 2020 CardioNet’s patent discloses systems and methods for detecting certain heart conditions based on evaluating the variability of an irregular heartbeat…

Adam R. Aquino, Paul Stewart.