01.10.23
In In re McDonald, the Federal Circuit held that the recapture rule prevented reissue claims from including features deliberately relinquished in response to a patent eligibility rejection.
12.06.22
In Genuine Enabling Technology LLC v. Nintendo Co., Ltd.,the Federal Circuit held that statements made during prosecution—to distinguish the prior art on the ground that it taught slow-varying signals whereas the invention utilized audio or higher-frequency signals—only clearly ...
11.15.22
In Konda v. Flex Logix Technologies, Inc., the Federal Circuit held that a provisional application incorporated by reference in a Patent Cooperation Treaty application was prior art against the later filed claims of the U.S. patent application when the provisional application failed to provide ...
10.18.22
The U.S. Patent and Trademark Office issued updated interim guidance on when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation.
09.29.22
The U.S. Patent and Trademark Office issued updated guidance on acceptable uses of applicant admitted prior art in inter partes review proceedings under 35 U.S.C. § 311.
08.16.22
In VDPP LLC v. Vizio, Inc., the Federal Circuit held that the claim terms “processor” and “storage” were not considered to be drafted in means-plus-function format and, therefore, were not subject to interpretation under 35 U.S.C. § 112(f).
07.26.22
In California Institute of Technology v. Broadcom Limited, the Federal Circuit overruled prior precedent and clarified that inter partes review estoppel applies not just to claims and grounds asserted in the petition and instituted for consideration by the Patent Trial and Appeal Board, but to ...
06.28.22
In Junker v. Medical Components, Inc., the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed.
05.24.22
In Qualcomm Incorporated v. Apple Inc., the Federal Circuit held that applicant admitted prior art may not be the basis of an invalidity ground in an inter partes review, and therefore, an IPR petition cannot rely on AAPA without also relying on a prior art patent or printed publication.
05.19.22
In our May 2022 copyright update, Manatt’s attorneys summarize recent decisions of interest from the U.S. courts and Copyright Office, and highlight other matters that we’re watching in the coming months.