Contributors: Akin Gump PTAB: Informal Delivery of Complaint Does Not Start One-Year Clock for Filing IPR by Matthew George Hartman & Rubén H. Muñoz Patent Trial and Appeal Board, 35 U.S.C. § 315(b), Inter Partes Review. A Patent Trial and Appeal Board (PTAB or Board) panel has determined that emailing... read more →
Sep
02
Sep
02
Internet Sightings by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patent law blog – IPwatchdog.com On August 12, 2019, a post reviewed the Federal Circuit opinion in... read more →
Jul
30
Contributors: Knobbe Martens Beware of What You Say: Prosecution History Estoppel In Samsung Electronics Co., Ltd. v. Elm 3DS Innovations, LLC, Appeal Nos. 2017-2474, -2475, -2476, -2478, -2479, 2480, -2482, -2483, -2018-1050, -1079, -1080, 1081, 1082, the Federal Circuit found that if the technology is complex, a party may be... read more →
Jul
30
Contributors: Akin Gump PTAB: Reexamination Does Not Reset the One-Year Deadline For Filing a Petition for Inter Partes Review by Matthew George Hartman & Rubén H. Muñoz Patent Trial and Appeal Board, 35 U.S.C. § 315(b), Inter Partes Review The Patent Trial and Appeal Board has denied a Petitioner’s request... read more →
Jul
30
by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patent law blog – IPwatchdog.com On June 27, 2019, Burman York “Bud” Mathis III provided his opinion that the Supreme... read more →
Jun
29
Contributors: Knobbe Martens Federal Circuit Affirms Exceptionality Based On Inadequate Pre-Suit Investigation of Infringement In Thermolife International LLC v. GNC Corporation, Appeal Nos. 2018-1657, 2018-1666, the Federal Circuit determined that a case may be exceptional if the plaintiff failed to conduct an adequate pre-suit investigation into infringement, even if the... read more →
Jun
29
Internet Sightings by Frederic M. Douglas and James E. Hawes IPWatchdog – a patent law blog – IPwatchdog.com * On May 22, 2019, Eileen McDermott discussed the draft text of proposed new Section 101. The proposed changes are directed towards favoring patent eligibility. The draft text of the bipartisan,... read more →
May
31
Prior Art Affected by a Claim Construction Should Be Either Admitted Into Evidence or Specifically Identified to Meet the Requirements of FRCP 46 In Omega Patents, LLC v. CalAmp Corp., Appeal No. 2018-1309, the Federal Circuit held the defendant failed to satisfy the requirements of Federal Rule of Civil Procedure... read more →
May
31
Contributors: Akin Gump Failure to Seek Remand in View of SAS Triggers IPR Estoppel of Redundant Grounds by Svetlana Pavlovic, Matthew George Hartman & Rubén H. Muñoz District Court, Patent Trial and Appeal Board, 35 U.S.C. § 315(e)(2) estoppel, Inter Partes Review, District of Delaware A recent decision from Judge... read more →
May
31
by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * On March 25, 2019, Dustin Weeks, Robert Schaffer, and Joseph Robinson discussed... read more →