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Bradley Arant Boult Cummings LLP | USA | 24 May 2022

Federal Circuit Declines to Extend Blue & Gold Waiver Rule in AbilityOne Protest

The U.S. Court of Appeals for the Federal Circuit, in SEKRI, Inc. v. United States, recently added to the growing body of case law that has declined…
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Knobbe Martens | USA | 24 May 2022

It Is Not Controversial: Factual and Legal Specificity Needed in Standing Dismissals

MITEK SYS., Inc. V. UNITED SERVS. AUTO. ASS’N Before Dyk, Taranto, and Cunningham. Appeal from the U.S. District Court for the Eastern District of…
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Shearman & Sterling LLP | USA | 24 May 2022

Federal Circuit Asks Whether Prior Art Reference Is “By Another”

On May 20, 2022, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated a Final Written Decision from the U.S. Patent Trial and Appeal…
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Knobbe Martens | USA | 24 May 2022

No “Automatic” Review Under O2 Micro

KAUFMAN v. Microsoft Corporation Before Dyk, Reyna, and Taranto. Appeal from the District Court for the Southern District of New York Summary: An…
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Crowell & Moring LLP | USA | 20 May 2022

Email Exchange Constitutes “Timely, Formal Challenge” for Purposes of Avoiding Blue & Gold Waiver Rule

Last week, in SEKRI, Inc. v. U.S., No. 21-1936 (Fed. Cir. May 13, 2022), the U.S. Court of Appeals for the Federal Circuit appeared to chip away at…
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Knobbe Martens | USA | 20 May 2022

Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR

Google LLC v. IPA Technologies Inc. Before Dyk, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: For purposes of…
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Holland & Knight LLP | USA | 20 May 2022

Patent Directed to Method of Payment Processing in Sales Transactions Found Abstract

AuthWallet asserted a patent directed to methods and systems for processing financial transaction data against Block. Specifically, the claims…
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 19 May 2022

Time’s Up: The Federal Circuit Holds It Lacks Jurisdiction to Review Board’s Time-Bar Determination

In Atlanta Gas Light Co. v. Bennett Regul. Guards, Inc., No. 2021-1759 (Fed. Cir. May 13, 2022), the Federal Circuit concluded that it lacked…
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McDermott Will & Emery | USA | 19 May 2022

The Halo Effect Won’t Cure Lack of Final Judgment

The US Court of Appeals for the Federal Circuit dismissed the appeal of a disappointed movant seeking prejudgment interest and a new damages trial…
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Ropes & Gray LLP | USA | 19 May 2022

More PTAB Arthrex Remands?

Patent Owners that had the option to avail themselves of the new Director Review process under former interim Director Hirshfeld have been crying foul…
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