Authentication of Prior Art in an IPR Does Not Require Testimony In Valve Corporation v. Ironburg Inventions Ltd.,Appeal No. 20-1315, the Federal Circuit held that for purposes of authenticating a prior art reference in IPR proceedings, the Board had an obligation to compare the reference to nearly identical copies in the... read more →
Dec
30
Dec
30
A Preamble That Saves May Be a Preamble That Limits In Data Engine Technologies LLC v. Google LLC, Appeal No. 21-1050, the Federal Circuit held that a patentee that relies on language in the preamble to successfully argue that its claims are directed to patent-eligible subject matter cannot later assert... read more →
Dec
30
Federal Circuit Finds No Constitutional Defect in Appointment of TTAB Judges In Piano Factory Group, Inc. v. Schiedmayer Celesta GmbH, Appeal No. 20-1196, the Federal Circuit held that the appointments of TTAB judges do not share the constitutional defect that the Supreme Court remedied for PTAB judges in Arthrex.... read more →
Dec
30
The Location of Witnesses and Relevant Evidence Still Reigns Supreme in Venue Decisions In In Re: Juniper Networks, Inc., Appeal No. 21-160, the Federal Circuit held that a party’s general presence in a forum is an insufficient reason to deny transfer when the majority of witnesses and relevant evidence are... read more →
Dec
30
Venue and Pleading Infringement in Hatch-Waxman Litigation Turn on Location and Identity of ANDA Filer In Celgene Corp. v. Mylan Pharm. et al., Appeal No. 21-1154, the Federal Circuit held that in Hatch-Waxman litigation: (1) infringement occurs where the ANDA is submitted and not where the patentee receives notice of... read more →
Dec
30
Be Careful What You Agree To: Incorporated Rules Clearly and Unmistakably Delegate Determining Arbitrability In Rohm Semiconductor USA, LLC v. Maxpower Semiconductor, Inc., Appeal No. 21-1709, the Federal Circuit held that an arbitration agreement, which incorporated the California Code of Civil Procedure by reference, delegated determining arbitrability and supported dismissal... read more →
Dec
30
Contributors: Akin Gump Strauss Hauer & Feld LLP Admission in Specification Dooms Organ Transplant Patents Under § 101 by Daniel L. Moffett, Matthew George Hartman, Shawn Bastani (Law Clerk) District Court, 35 U.S.C. § 101, District of Delaware October 4, 2021 The United States District Court for the District... read more →
Dec
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. Patently-O – a patent law blog – Patentlyo.com ▪ Must Invention Conception be Immaculate? - On July 28, 2021, Prof. Dennis Crouch discussed... read more →
Nov
02
Contributors: Knobbe Martens Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents in Creating a New Software Platform In Google LLC v. Oracle America, Inc., Appeal No. 18-956, the Supreme Court held that, where use... read more →
Nov
02
Contributors: Knobbe Martens Court Grants Relief From Judgment After Witness Lies About the Bed of Its Own Making In Cap Export, LLC v. Zinus, Inc., Appeal No. 20-2087, the Federal Circuit held that a judgment and injunction were properly set aside pursuant to FRCP 60(b)(3) when it was discovered... read more →