Eliminating Partial PTAB Institutions Will Undermine Trial Practice
"All or Nothing" PTAB Institution Practice Coming Soon? Today, the Supreme Court granted certiorari in SAS Institute Inc., v. ComplemenSoft LLC. As previously explained, SAS argues that partial PTAB...
View ArticlePTAB Trial Estoppel Demystified in EDTX?
Recent Decision out of EDTX First to Get PTAB Estoppel Provision Correct IPR estoppel is established under 35 U.S.C. § 315(e)(2), which provides that “the petitioner in an inter partes review of a...
View ArticlePTAB Denies Apple's Motion to Withdraw IPR Petition and Motion for Joinder
Written by Nathanael Luman, Ph.D. and Scott Raevsky The PTAB denied Apple’s motion to withdraw both its IPR petition and concurrent motion for joinder to prevent Apple from circumventing potential...
View ArticleThe PTAB Terminates IPR Based on Sovereign Immunity of University of Maryland
Written by Peter Law and Kerry S. Taylor, Ph.D. On May 23, 2017, the PTAB granted the University of Maryland’s (UM) motion to terminate inter partes review based on UM’s sovereign immunity in...
View ArticleSupreme Court Will Decide Whether the PTAB Must Address All Claims Challenged...
Written by Nathanael Luman, Ph.D. and Kerry S. Taylor, Ph.D. The Supreme Court granted a petition for writ of certiorari to address whether the PTAB is required to issue a final written decision with...
View Article“TC Heartland” Supreme Court Limits Venue in Patent Suits
Monday, in a unanimous opinion (Goresuch did not participate), the Supreme Court interpreted the patent venue statute (28 USC s. 1400(b)) to require that the phrase “where the defendant resides” be...
View ArticleClean Tech in Court: Green Patent Complaint Update
There were many new green patent complaints filed in March and April in the areas of advanced batteries, fuel efficiency, green cleaning solvents, LEDs, smart grid, and solar power....
View ArticlePatent Exhaustion Redux: A Sale Is a Sale Is a Sale–And Once Sold, It’s Gone....
On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc.,[1] the U.S. Supreme Court held that patent exhaustion applies to sales made anywhere in the world, thereby extinguishing...
View ArticleSupreme Court and Precedential Federal Circuit Patent Cases
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. The Supreme Court’s ruling in Impression Products v. Lexmark will force patentees to get what they can in their initial sale or...
View ArticleTC HeartLand Fallout: 1000 Fewer EDTX Filings in 2017
Unified Patents' Offers First Quantitative Study of TC Heartland Impact Since TC Heartland v. LLC D/B/A Heartland Food Products Group V. Kraft Foods Group Brands LLC. made clear that patent venue is...
View ArticleFDA Approves Keytruda as First Cancer Treatment Based on a Genetic Biomarker
Written by Jane Xia and Michael L. Fuller The U.S. Food and Drug Administration (FDA) recently approved Keytruda (pembrolizumab) for treatment of patients whose cancers have a specific genetic feature...
View ArticleShoe Maker Buscemi Sues J/Slides for Design Patent Infringement
Written by Peter Law and Jason J. Jardine Edited by Loni Morrow and Catherine Holland Buscemi, LLC (“Buscemi”) filed for a design patent on June 2, 2016. In March 2017, while the patent application...
View ArticleIs Trademark Use in Google AdWords Trademark Infringement?
Written by Rebecca L. Wright, Ph.D. and Jason J. Jardine Edited by Loni Morrow and Catherine Holldand Does the use of Google AdWords amount to the advertising, promoting, marketing, or offering for...
View ArticleDenial of Attorneys’ Fees Reversed because District Court Conflated Rule and...
In Rothschild Connected Devices Innovations, LLC v. Guardian Protection Services, Inc., [2016-2521] (June 5, 2017), the Federal Circuit reversed and remanded the determination that Appellee Rothschild...
View ArticlePatexia Chart 35: IPR Market Leaders (Top Firms)
Since its inception in September 2012, Inter-Partes Review (IPR) has emerged as a powerful tool to challenge the validity of patents in lawsuits. We have closely monitored this from the viewpoint of...
View ArticleThe Top Hits: Fashion Cases with a Big Impact
Written by Vicki Y. Nee, Susan Natland, and Boris Zelkind Edited by Loni Morrow and Catherine Holland Over the last year, there have been some significant trademark and copyright cases in the fashion...
View ArticleEn Banc Denial of CBM Issue Raises Appeal Bar Debate
Focus of CBM Standing Analysis: Claim Language Yesterday, the Federal Circuit denied en banc review in Secure Axcess LLC v. PNC Bank National Assoc., et al. The rehearing request sought a full court...
View ArticleUSPTO Management Changes – Who’s on First?
After USPTO Director Michelle Lee resigned quite suddenly on Tuesday, rumors and speculation have been the only constant. Early speculators bet that Drew Hirschfeld, current Commissioner of Patents,...
View ArticleTC Heartland v. Kraft: Any Effect On Venue For Non-U.S. Companies?
Last month, the Supreme Court (in TC Heartland v. Kraft) recounted prior precedent standing for the proposition that 28 U.S.C. 1400(b) is the sole and exclusive statute for determining venue in a...
View ArticleMylan v. Aurobindo: The Story Of A Pharma Preliminary Injunction
Last month, the Federal Circuit affirmed the district court’s granting of a preliminary injunction (PI) precluding Aurobindo from marketing its proposed isosulfan blue (ISB) product in the U.S. The...
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