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Knobbe Martens | USA | 14 Feb 2020
Time-bar Challenges to IPR under Section 315(b) Can Be Waived
Summary: Time-bar challenges to inter partes review (“IPR”) under 35 U.S.C. 315(b) may be waived if not raised before the Patent Trial and Appeal
Knobbe Martens | USA | 14 Feb 2020
A “Regular and Established Place of Business” Under the Patent Venue Statute Requires the Presence of an Employee or Agent Conducting Defendant’s Business
Summary: A defendant does not have a “regular and established place of business” for the purpose of establishing venue under 28 U.S.C. 1400(b) if
Knobbe Martens | USA | 14 Feb 2020
A Settlement Requiring Future Performance Generally Moots an Action
Summary: A binding settlement agreement generally moots an action, even if the agreement requires future performance by the parties...
Knobbe Martens | USA | 10 Feb 2020
IPR Reply Does Not Raise New Arguments When Discussing Additional Example of an Asserted Prior Art Algorithm
Summary: An IPR petitioner relying on a prior-art algorithm is not required to discuss all potential permutations in its petition, and does not raise
Knobbe Martens | USA | 7 Feb 2020
Federal Circuit Review - January 2020
In Amgen, Inc. v. Amneal Pharms. LLC, Appeal No. 18-2414, the Federal Circuit held that an examiner amendment may give rise to prosecution history
Knobbe Martens | USA | 7 Feb 2020
Express License of Patent Includes Implied License of Continuations
Summary: The express license of a patent includes an implied license for its continuations, including continuations of continuations, because they
Knobbe Martens | USA | 6 Feb 2020
Non-Expert Testimony on Obviousness Is Inadmissible
Summary: It is an abuse of discretion to permit a witness to testify as an expert on issues of noninfringement or invalidity unless that witness is
Knobbe Martens | USA | 5 Feb 2020
PTAB May Not Cancel Claims on the Grounds of Indefiniteness in an IPR Proceeding
Samsung petitioned for inter partes review (IPR) of a patent owned by Prisua directed to generating an edited video data stream through video image
Knobbe Martens | USA | 30 Jan 2020
PTAB Cannot Institute IPR on PTAB-Created Grounds
Summary: The Board can institute IPR only on grounds raised in a petition. Additionally, the Board can rely on general knowledge of a skilled artisan
Knobbe Martens | USA | 24 Jan 2020
Federal Circuit Review - December 2019
In Techtronic Industries Co. Ltd. v. ITC., Appeal No. 18-2191, the consistent description in the specification of a particular embodiment as the
