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Shifting Gears on the Presumption of Nexus for Secondary Considerations of Non-Obviousness

USA - December 30 2019 The Federal Circuit’s decision last week in Fox Factory, Inc. v. SRAM, LLC provided clarity regarding the nexus requirement of secondary…

Erik J. Halverson.

A Win is a Win!

USA - October 9 2019 B.E. Technology LLC v. Facebook, Inc., Appeal No. 18-2356 (Fed. Cir. Oct. 9, 2019) identifies what it means to win in a case. More particularly, the…

Jason A. Engel.

When Saying More Gets You Less: The Federal Circuit Affirms That Superfluous Prosecution Arguments Can Limit Doctrine of Equivalents Infringement

USA - July 30 2019 Prosecution history estoppel can bar a claim of patent infringement under the doctrine of equivalents where a patentee’s statements lead a competitor…

Peter Giunta.

Towards a Uniform Theory of Patent Law: The Federal Circuit Declines to Create Design-Patent-Specific Rules for Exhaustion or Repair

USA - July 26 2019 On Tuesday July 23, 2019, the Federal Circuit declined to fashion design-patent-specific doctrines of exhaustion or repair. Automotive Body Parts…

Jacob C. Vannette.

Towards a Uniform Theory of Patent Law: The Federal Circuit Declines to Create Design-Patent-Specific Rules for Exhaustion or Repair

USA - July 25 2019 On Tuesday, July 23, 2019, the Federal Circuit declined to fashion design-patent-specific doctrines of exhaustion or repair. Automotive Body Parts…

Jacob C. Vannette.