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File It: Motion for Remand in View of SAS Institute
  • Jones Day
  • USA
  • June 5 2018

We have previously discussed the ramifications of the Supreme Court’s decision in SAS Institute, Inc. v. Iancu, which held that the PTAB cannot

Different Invalidity Conclusions by PTAB and Federal Courts Prohibited in Inter Partes Reexamination But Permissible in IPR
  • Marshall Gerstein & Borun LLP
  • USA
  • June 6 2017

In Fairchild (Taiwan) Corp. v. Power Integrations, Inc., Appeal 2017-1002 (Fed. Cir. Apr. 21, 2017), the Federal Circuit determined that no inter

Design Patent Law Year In Review - 2016
  • Hunton Andrews Kurth LLP
  • USA, China, European Union, Global
  • February 27 2017

Perhaps the biggest design patent law story of 2016 was the United States Supreme Court opinion in Samsung Electronics Co., Ltd. v. Apple Inc. In this

The Uncertain Scope of IPR Estoppel
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • January 31 2017

Nearly four years after the AIA became effective, the estoppel provisions of 35 U.S.C. 325 are only now being explored by the Courts in any detail

Withdrawal of Claims During Prosecution Can Trigger Prosecution History Estoppel
  • Knobbe Martens
  • USA
  • November 1 2016

In UCB, Inc. v. Yeda Research and Development Co., Ltd., Appeal No. 2015-1957, the Federal Circuit held that prosecution estoppel can apply even

Federal Circuit maps out two-step approach, decides not to dance: Split panel refuses to review applicability of assignor estoppel to IPRs
  • Klarquist Sparkman LLP
  • USA
  • September 30 2016

In Husky Injection Molding Sys. v. Athena Automation Ltd., a split panel of the Federal Circuit dismissed a patent owner's appeal of the PTAB's final

Federal Circuit Confirms Broadening of Standard for Divided Infringement
  • McDermott Will & Emery
  • USA
  • May 30 2016

In an opinion addressing divided infringement in view of the Supreme Court of the United States’ 2014 decision in Limelight Networks v. Akamai

Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous
  • Knobbe Martens
  • USA
  • May 26 2016

In SimpleAir, Inc. v. Sony Ericsson Mobile Commc'ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court's judgment of

Bettcher Industries, Inc., v. Bunzl USA, Inc., No. 2011-1038, -1046 (Fed. Cir. Oct. 3, 2011)
  • Winston & Strawn LLP
  • USA
  • October 12 2011

A Patent Office examiner’s opinion on a patent’s validity is not “finally determined” and grounds for estoppel under 35 U.S.C. 315(c) in civil court unless all appeal rights regarding that decision, including in civil court, have been exhausted.