Posts in IP News
ITC Misapplied Res Judicata, Can Modify Penalty After Asserted Patent Claims Found Invalid
The Federal Circuit panel of Chief Judge Sharon Prost and Circuit Judges Jimmie Reyna and Kimberly Moore determined that the ITC erred in applying res judicata to …
Why is SCOTUS Creating a Federal Common Law of Patents?
What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
Capitol Hill Roundup
This week on Capitol Hill, the House of Representatives will host almost every hearing that will relate to technology and innovation, including three hearings originally scheduled for …
Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales
On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
FTC v. Qualcomm: Court Requires Licensing of Standard Essential Patents to Competitors
The Qualcomm decision is unique in that it appears to be the first decision to require a SEP holder to license its patented technology to its competitors, …
Nokia Inks Patent Licensing Agreement With OPPO, A Rising Star in China’s Smartphone Industry
Nokia Corporation announced it entered into a patent licensing agreement with Chinese mobile consumer electronics firm OPPO. Although terms of the deal weren’t disclosed by Nokia, …
Personal Jurisdiction is Not Established by Prior Lawsuit or Sending Infringement Notice Letters
The Federal Circuit recently affirmed the District Court for the Eastern District of Tennessee’s dismissal of a declaratory judgment action based on a finding of lack …
CAFC Overturns Preliminary Injunction on Generic Suboxone Film Over Newman Dissent
The Federal Circuit issued a nonprecedential decision in Indivior Inc. v. Dr. Reddy’s Laboratories, S.A., which vacated a preliminary injunction handed out by the District …
Ancora v HTC: Why You Should Draft Patents That Emphasize Technical Solutions
Last week, in Ancora Technologies v HTC America, the Federal Circuit reversed a lower court’s invalidity ruling under 35 USC §101 by concluding that Ancora’s claimed subject …
Supremes Deny101 Appeal Dealing with Electronic Data and Electromagnetic Signals
On Monday, December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in Carl M. Burnett v. Panasonic Corporation, declining to take up …
The Future is in Our Hands; No Room in the U.S. for Second Best
A reliable and predictable patent law is more necessary than ever, for technology is a much larger part of our industrial product than ever. The recent Supreme …
CAFC Vacates PTAB Decision to Uphold Conversant Wireless Patent Challenged by Google, LG
On Tuesday, November 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Google LLC v. Conversant Wireless Licensing, which vacated a decision …
PTAB Institutes IPR, Finds Unified Patents is Sole Real Party in Interest
On Tuesday, November 27th, the Patent Trial and Appeal Board (PTAB) issued a redacted version of a decision to institute an inter partes review (IPR) proceeding petitioned …
Nasdaq ISE Files Motion to Disqualify Fish & Richardson at PTAB Over Prior Representation
Nasdaq ISE’s motion to disqualify Fish & Richardson was made pursuant to 37 CFR 11.109, which prevents a practitioner from representing a party adverse to a former client in …
Reasonable Royalty Cannot Include Activities That Do Not Constitute Patent Infringement
In Enplas Display Device Corp. v. Seoul Semiconductor Co., the Federal Circuit vacated a $4 million damages award to Seoul Semiconductor Co. (“Seoul”), holding that the district court …
