Innovation, Technology, and IP News
New PTAB Ground or Just Supporting Evidence?
PTAB May Not Create a New Ground of its Own, But Can Rely on Additional Art in Support of a Petition Ground Recently, the Federal Circuit in Philips v. Google (here) explained that...
Patexia Insight 78: Patent Firms with the Largest Growth and Decline in 2019
Earlier this month, we released our 2nd Annual Patent Prosecution Intelligence Report where we ranked the top patent firms based on their activity and performance over the last five...
Patent Prosecution After an Adverse PTAB FWD – Beware
PTAB Estoppel & Inequitable Conduct Inequitable conduct before the USPTO is an equitable defense to patent infringement that, if proved, bars enforcement of a patent. Thereasense, ...
Exact Sciences Acquires Paradigm and Viomics
On March 3, 2020, Exact Sciences announced completion of its acquisition of Paradigm Diagnostics, Inc. and Viomics, Inc., privately held companies based in Phoenix, AZ. According to...
CUSTOMEDIA TECHNOLOGIES, LLC V. DISH NETWORK CORPORATION, DISH NETWORK LLC.
Before Prost, Dyk, and Moore. Appeal from the United States Patent and... Read More »
CASE OF THE WEEK
GS CleanTech Corp. v. Adkins Energy LLC, Appeal No. 2016-2231, 2017-1838, 2017-1832 (Fed. Cir. Mar. 2, 2020)
In this week’s Case of the ... Read More »
In GS Cleantech Corp. v. Adkins Energy LLC, the Fed. Cir. upheld a finding of an on-sale bar to patenting and also found that the main prosecuting attorney committed... Read More »
In Galderma Labs. v. Teva Pharm. USA, Inc., Appeal Nos. 2019-2396 and 2020-1213 (Fed. Cir,. January 29, 2020), a Fed. Cir. panel of Judges Moore, O’Malley and... Read More »
Public Policy Disfavors the Issuance of Unexamined Patent Claims
Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written... Read More »
For as long as patent litigation has existed, accused infringers have vigorously defended against accusations of infringement by attacking the validity of the patent... Read More »
Last month, we released our first ITC Intelligence Report. For the first time, we ranked ITC law firms and attorneys based on their performance and activity. Our... Read More »
GS CLEANTECH CORP. v. ADKINS ENERGY LLC
Before, Reyna, Wallach, and Hughes. Appeal from the District Court for the Northern District of Illinois.
Summary... Read More »
Attorney Fees Available for Successful Defendant
As discussed back in September, district courts look to PTAB developments in assessing fee awards under 35 U.S.C. ... Read More »
On February 21, the Patent Trial and Appeal Board (PTAB) issued a pair of institution-phase decisions in inter partes review (IPR) proceedings petitioned by Internet... Read More »
Inequitable conduct is practically the stuff of ghost stories among patent practitioners. You must satisfy your duty of candor to the U.S. Patent and Trademark Office... Read More »
CASE OF THE WEEK
Arctic Cat Inc. v. Bombardier Recreational Products Inc., Appeal No. 2019-1080 (Fed. Cir. Feb. 19, 2020)
In this week’s Case of... Read More »
The United States Supreme Court on Monday dealt a blow to Apple in a decade-long legal battle over whether the iPhone maker infringed on another company's
... Read More »
There were major changes in the patent marking laws in 2011, when the America Invents Act (AIA) went into effect, that impact how patent owners communicate, or mark... Read More »
Arctic Cat Inc. v. Bombardier Recreational Prods. Inc.
Before Lourie, Moore, and Stoll. Appeal from the Southern District of Florida.
Summary: To... Read More »
A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of... Read More »
While the U.S. economy continues to endure historic, sustained growth, the stock market has skyrocketed, and new services, products, and investments launch every year, ... Read More »
GE Argues CAFC Patent Exceptionalism
Back in July, I predicted that competitor standing in PTAB appeals was a debate destined for cert petition. That petition was ... Read More »
CASE OF THE WEEK
In re: Google LLC, Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020)
In this week’s Case of the Week, the Federal Circuit granted mandamus... Read More »
The US-China Economic and Trade Agreement, described as a "phase one" deal, entered into force today (30 days after signature, pursuant to Article 8.3, para. ... Read More »
