Jan
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 patents and patent law blog – IPwatchdog.com * On November 30, 2018, Robert Schaffer, Joseph Robinson, and Dustin Weeks explained...
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Nov
01
Disavowal of the Full Scope of a Claim Term Requires the Patentee to Demonstrate an Intent to Deviate from the Ordinary and Accustomed Meaning of the Claim Term In Intellectual Ventures I LLC v. T-Mobile USA, Inc., Appeal Nos. 2017-2434, 2017-2435, the Federal Circuit held that the patentee did not...
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Nov
01
IPR Estoppel Does Not Bar Commission Investigative Staff from Asserting Prior Art References in an ITC Investigation by Andrew Ford Schwerin, John Wittenzellner, Ruben Munoz International Trade Commission, 35 U.S.C. § 315(e)(2) estoppel Although issues of inter partes review (IPR) estoppel have arisen often in district court litigation, they have...
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Nov
01
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 August 26, 2018, Russell Slifer described the Patent Trial and Appeal Board (PTAB) recent update to its Trial Practice...
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Sep
05
The Board’s Final Written Decision Must Address All Grounds for Unpatentability Raised in a Petition for Inter Partes Review In Adidas AG v. Nike, Inc., Appeal Nos. 2018-1180, 2018-1181, the Federal Circuit held that the Supreme Court’s decision in SAS Institute Inc. v. Iancu requires the Board to address all...
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Sep
05
District Court Denies Plaintiff’s Summary Judgment Motion on Improper Inventorship Defense, But Grants Plaintiff’s Motion on Derivation Defense by Andrew Ford Schwerin, John Wittenzellner & Charles Everingham IV, Akin Gump The patent defenses of improper inventorship and derivation are closely related, and both can be raised from a common set...
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Sep
05
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 July 20, 2018, Steve Bachmann explained Federal Circuit decision in Blackbird Tech.., LLC v. ELB Electronics, Inc., No....
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Jul
31
Claims Without the Term “Means” Are Presumed to Not Be Means-Plus-Function Claims, However the Presumption Is Rebuttable In Zeroclick, LLC v. Apple Inc., Appeal No. 2017-1267, the Federal Circuit held that failure to use the word “means” in the asserted claims created a rebuttable presumption that the asserted claims were...
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Jul
31
PTAB Finds Estoppel In Decision Addressing the Meaning of “Reasonably Could Have Been Raised” in Cases Joined Following Institution of Trial by Rehan M. Safiullah, Akin Gump The Patent Trial and Appeal Board (PTAB) partially dismissed Facebook, Inc. and WhatsApp Inc. from an inter partes review (IPR) proceeding on estoppel...
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Jul
31
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 July 13, 2018, Robert Schaffer and Joseph Robinson explained the holding in Impax Labs., Inc. v. Lannett Holdings...
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