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.
05.03.22
In CosmoKey Solutions GMBH & Co. KG v. Duo Security LLC, the Federal Circuit held that an improved method for overcoming computer hacking by turning on and off the authentication process was patent eligible.
04.12.22
In In re SurgiSil, LLP, the Federal Circuit held that a claimed design is limited to the particular article of manufacture identified in the claim.
03.22.22
In BladeRoom Grp. Ltd. v. Emerson Elec. Co., the Ninth Circuit held under English law that a reasonable person would interpret a nondisclosure agreement to end two years after signing because the NDA unambiguously terminated the confidentiality obligations after two years.
03.01.22
In Lubby Holdings LLC v. Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing of the corporate veil.