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Another Example of Practical Estoppel in IPR Practice
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • September 13 2017

Earlier this year, the Federal Circuit held that statements made by patentees in an inter partes review (IPR) can constitute prosecution disclaimer

Case Law Suggests Use Of Expert Opinion For Determining IPR Estoppel Of Grounds That Petitioner "Reasonably Could Have Raised"
  • Brinks Gilson & Lione
  • USA
  • September 13 2017

Under 35 U.S.C. 315(e), a final written decision in an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”) results in estoppel

CAFC Finds Harmless Error in USPTO Reliance On Doctrine of Inherency
  • Foley & Lardner LLP
  • USA
  • September 12 2017

In Southwire Co. v. Cerro Wire LLC, the Federal Circuit upheld the USPTO decision rendered in an inter partes reexamination proceeding that found

England & Wales: Insurers' "duty to speak" on insured's breach of policy condition
  • HFW
  • United Kingdom
  • September 8 2017

This long-running case has finally been decided in favour of insurers, since the insured failed to show that its individual business interruption

lnsurance claims: Co-operation and insurer's duty to make clear when information outstanding
  • CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • September 4 2017

The Court of Appeal has held that insurers could not escape liability by relying on breach of a condition precedent as they had had a duty to tell

Michigan Appellate Court Rules That, Absent Proof of Prejudice, Defendant’s Filing of a Cross-Complaint Does Not Constitute a Waiver of Arbitration
  • Pepper Hamilton LLP
  • USA
  • August 24 2017

Universal Acad. v. Berkshire Dev., 2017 Mich. App. LEXIS 975 (Ct. App. June 20, 2017) The dispute arose out of an agreement between Universal Academy

SAS Institute: Will the Supreme Court End the Partial Institution of IPRs?
  • Baker Botts LLP
  • USA
  • August 24 2017

On July 20, SAS Institute filed its opening brief in the Supreme Court in SAS Institute v. Matal, a case with major potential ramifications both for

Former Band Member Sues The Roots
  • Brooks Pierce McLendon Humphrey & Leonard LLP
  • USA
  • August 23 2017

Frank “Knuckles” Walker, a musician and percussionist best known as a former member of the band The Roots, recently filed a lawsuit against his

The Court of Appeal comments on the extent of insurers' 'duty to speak'
  • Addleshaw Goddard LLP
  • United Kingdom
  • August 23 2017

The Court of Appeal (CoA) has commented on the circumstances in which a policyholder might expect its insurer to speak in relation to policy terms

Athena Automation IPR decision rejecting equitable defense of assignor estoppel in IPR proceedings designated precedential by the PTAB
  • Fish & Richardson PC
  • USA
  • August 21 2017

On August 2, 2017, the Patent Trial and Appeal Board (PTAB) designated Section II.A. of the Institution Decision in Athena Automation Ltd. v. Husky