HOT TOPICS IN PATENT LAW
|
|
- Dominick Patrick
- 5 years ago
- Views:
Transcription
1 HOT TOPICS IN PATENT LAW 2014 Jason Weil, Akin Gump Strauss Hauer & Feld LLP Barbara L. Mullin, Akin Gump Strauss Hauer & Feld LLP Jimmie Johnson, Sr. Patent Counsel, Johnson Matthey Alex Plache, Sr. IP Counsel, Saint-Gobain
2 2 OUTLINE Challenging Validity Of A Patent Through IPR: An Alternative To Traditional Litigation Attempts To Rein In Non-Practicing Entities Induced Infringement: Single Actor Required, But Good Faith Might Avoid Liability
3 3 Challenging Validity of A Patent Through IPR: An Alternative To Traditional Litigation
4 4 LEAHY-SMITH AMERICA INVENTS ACT ( AIA ) Signed into law September 16, 2011 Created Inter Partes Review (IPR), a new proceeding for challenging previously issued patents at the USPTO IPR proceedings became available on September 16, 2012.
5 5 What is an IPR? INTER PARTES REVIEW? Codified at 35 U.S.C Replaced Inter Partes Reexamination as a method for a third party to administratively challenge the validity of an issued patent Adversarial Proceeding Requires participation of the third party petitioner Evidence and briefing presented by both parties On June 17, 2014, the PTO held live testimony for the first time in an IPR proceeding
6 6 INTER PARTES REVIEW Who may petition? Anyone (except patent owner) Real party in interest (RPI) must be identified No anonymity When must they do so? < 1 year has passed since petitioner/rpi was sued May not petition if Petitioner/RPI previously filed a civil action seeking declaratory judgment that the patent is invalid.
7 7 How Initiated? INTER PARTES REVIEW File a petition at U.S. PTO Threshold = reasonable likelihood that petitioner would prevail with respect to at least one of the claims What is Challenged? Grounds of invalidity limited to novelty and nonobviousness Evidence limited to patents and printed publications
8 8 INTER PARTES REVIEW (IPR) What happens after an IPR petition is filed? Patent owner may file a preliminary response arguing why no IPR should be instituted PTO will determine whether to institute an IPR within about three months (decision cannot be appealed) Limited discovery and briefing, followed by oral hearing Decision in 1 year (really months)
9 9 PROS AND CONS OF PETITIONING FOR IPR Pros: Preponderance of evidence standard Broadest reasonable claim interpretation Limited discovery by Patent Owner Estoppel of Patent Owner Cons: Estoppel of Petitioner Amended or Substituted claims by patentee May only challenge anticipation and obviousness and challenges must be based on patents and publications
10 OVERVIEW OF THE FIRST EIGHTEEN MONTHS IPR Petitions by Area of Technology 10
11 11 IPR RESULTS TO DATE The PTO has started issuing Final Decisions First IPR petition filed on Sept. 16, First IPR final decision issued by the PTO on Nov. 11, Garmin v. Cuozzo Speed Tech., IPR (PTAB Nov. 11, 2013) As of June 26, 2014, the PTO had issued 85 final decisions First pharmaceutical claims invalidated in an IPR on June 20, 2014 Gnosis S.P.A. v. South Alabama Med. Sci. Found., IPR , , (PTAB June 20, 2014); Gonosis v. Merck & CIE, IPR (PTAB June 20, 2014)
12 12 Current Statistics on IPRs (through June 26, 2014) 85 IPR final written decisions 65: All instituted claims cancelled 10: Some instituted claims cancelled 10: No instituted claims cancelled Claims Cancelled Claims Survived (81%) (19%)
13 13 DIFFERENT VIEWS ON THE INITIAL RESULTS OF IPR It s fast and has a whole fleet of expert judges that understand the science and know the technology. Andrew Etkind, GC of Garmin Ltd. PTAB panels are death squads killing property rights. Judge Randall Rader Source: Ashby Jones, A New Weapon in Corporate Patent Wars, WALL STREET JOURNAL, March 10, 2014.
14 14 Conclusion on IPRs Cheaper than District Court Litigation, but still an adversarial proceeding that will require significant resources Initial results favor the petitioner claims are often cancelled Significant Risk: If the PTO does not cancel all claims, petitioner is estopped from fully challenging validity in district court PTO final decisions have not yet reached the Federal Circuit
15 15 Attempts To Rein In Non-Practicing Entities
16 16 NON PRACTICING ENTITIES (NPEs) A Non Practicing Entity does not practice the subject of its patents, but profits by licensing or suing on the patent. Often referred to as patent trolls have gotten substantial bad press lately. The concept of a NPE is not bad per se but the system is often abused.
17 17 NON PRACTICING ENTITIES (NPEs) What about a large company with many products and patents that simply does not practice a particular patent? What about a solo inventor who does not want to start a company, but gladly sells his invention for a few million dollars? And a company gladly buys the patent knowing it can exploit the patent for tens of millions of dollars. The solo inventor was still incentivized to invent the purpose of the Patent Act.
18 18 NON PRACTICING ENTITIES (NPEs) Main Criticism: Overbroad assertion of vague patents against defendants who would rather settle than litigate Electronic Frontier Foundation estimated that companies made $29 billion dollars in direct payments to patent trolls in 2011.
19 19 NON PRACTICING ENTITIES (NPEs) Trend in SCOTUS and Congress has been to curtail patent rights to deal with this issue. The response to patent trolls is shaping current patent law Legislation Octane Fitness (decided April 29, 2014) Alice Corp. (decided June 19, 2014) Biosig (decided June 2, 2014)
20 20 PROPOSED NPE RELATED LEGISLATION Limits on mass-joinder of defendants (implemented in AIA) Fee Shifting Provision Heightened pleading requirements Shifting Discovery costs Protection for end users Expansion of the Covered Business Method Review System Transparency of Patent Ownership and Demand Letters Recently: On May 21, 2014, Sen. Leahy withdrew the patent reform legislation he had introduced in November The House has followed up with legislation (yet to be introduced) targeting demand letters.
21 21 PROPOSED NPE RELATED LEGISLATION Several states have attempted to regulate NPEs under state consumer protection laws: These state laws specify that the law is not a claim for relief under patent laws These laws generally target bad faith demand letters They enumerate factors that indicate an assertion was made in bad faith Vermont was the first state to enact such a law and filed suit against MPHJ Tech. Investments, LLC. MPHJ removed the case to Federal court. On April 15, 2014, the federal court remanded Vermont s action to the state court.
22 22 JUDICIAL RESPONSE Recent Supreme Court decisions on topics related to NPEs Exceptional Case/Attorney s Fees Patentable subject matter (computer implemented methods) Patent Invalidity for indefinite claims
23 23 Previous Exceptional Case Standard 35 U.S.C. 285: The court in exceptional cases may award reasonable attorney fees to the prevailing party. Old Standard: 1) Litigation or other misconduct, or 2) case was objectively baseless and brought in subjective bad faith. Even where the court found a case exceptional did not always lead to a fee award See Oplus Techs. Ltd. v. Sears Holding Corp., No. 12-cv-5707 (C.D. Cal. Feb. 3, 2014)
24 Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S. Ct (2014) (Decided April 29, 2014) Icon sued Octane for infringement of Icon s patent covering elliptical exercise machines with adjustable stride length 24 The district court construed claim terms and granted Octane s motion for summary judgment of noninfringement Octane argued that the case was exceptional because of Icon s unreasonable claim construction positions At the Federal Circuit Octane argued the exceptional case standard should be lowered to objectively unreasonable.
25 25 Octane Fitness, LLC v. Icon Health & Fitness, Inc. Federal Circuit affirmed summary judgment of noninfringement Federal Circuit affirmed the finding that the case was not exceptional and declined to change its standard. Supreme Court reversed: Litigation Misconduct is separately sanctionable Objective baseless/subjective bad faith standard was too rigid. The statute requires only that the case be exceptional.
26 26 Octane Fitness The proper inquiry is a totality of the circumstances analysis as to whether the case stands out from others with respect to the substantive strength of a party s litigating position... or the unreasonable manner in which the case was litigated. The Court also rejected the Federal Circuit s clear and convincing burden for proving a case exceptional. Now a party must show the case exceptional by a preponderance. The result: A more flexible test with a lower bar. District courts are free to award fees more readily. This may help stem the tide of weak suits by NPEs.
27 OCTANE FITNESS IN ACTION 27 See Lumen v. Findthebest.com, No. 13-cv-3599 (S.D.N.Y. May 30, 2014) (Order granting motion for attorney s fees) This is a prototypical exceptional case. The patent covered a computer implemented method of matchmaking based on parties input.
28 28 Lumen v. Findthebest.com Lumen sent a demand letter to Findthebest (FTB) Plaintiff is ready for full-scale litigation (including protracted discovery ) Settlement offer that would increase every time FTB filed a pleading Extremely broad demand to preserve electronic data Would settle the case for an $85,000 licensing fee FTB explained it did not use the claimed bilateral process Lumen provided no facts supporting its infringement claim FTB informed Lumen its conduct might be render the case exceptional Lumen then alleged that FTB s CEO committed a hate crime by using the term patent troll and threatened to pursue criminal charges if FTB did not license
29 29 Lumen v. Findthebest.com The day before FTB answered the Complaint Lumen offered a one-day only offer to settle for $55,000. The district court cited the recent Octane Fitness decision and guidance on factors that show a case is exceptional Frivolousness Motivation Objective Unreasonableness Need to advance compensation and deterrence
30 Lumen v. Findthebest.com 30 The court held that no reasonable litigant could have expected success on the merits (frivolous and objectively unreasonable) Motivation: To extract a nuisance settlement Deterrence: Boilerplate Complaint, no pre-suit investigation, and number of similar lawsuits show Lumen s predatory strategy. Here, Lumen could not properly assert infringement under its patent and the court awarded attorney s fees
31 31 OCTANE FITNESS IN ACTION Octane Fitness relaxed the standard, it did not open the floodgates Kaneka Corp. v. Zhejiang Medicine Co., No. 11-cv-2389 (C.D. Cal. May 23, 2014): Case not exceptional solely because patentee litigated infringement to summary judgment even after an unfavorable early claim construction Eon Corp. IP Holdings, LLC v. Flo TV Inc., No. 10-cv-812, 2014 WL (D. Del. May 27, 2014): Case not exceptional because EON s case turned on a complex legal position and there was no reason to believe EON litigated the case unreasonably.
32 Alice Corp. Pty. Ltd. v. CLS Bank Int l., No , 2014 WL (U.S. June 19, 2014) Patentable Subject Matter under 35 U.S.C What is not patentable? Laws of Nature Natural Phenomena Abstract Ideas
33 Alice Corp. Pty. Ltd. v. CLS Bank Int l., No , 2014 WL (U.S. June 19, 2014) 33 Alice Corp. is assignee of patents that cover systems, methods, and media directed to financial risk management. Specifically covers intermediated settlement Claims covered an intermediary using a shadow account that mirrors a financial institute s real world account The intermediary updates the shadow accounts in real time, allowing only transactions for which the party has sufficient funds At the end of the day, the intermediary instructs the financial institute to carry out the permitted transactions, mitigating the risk that only one party will perform the agreed-upon exchange
34 Alice Corp. Pty. Ltd. v. CLS Bank Int l., No , 2014 WL (U.S. June 19, 2014) 34 CLS Bank sought to invalidate Alice s patents under 101 as an unpatentable abstract idea. The en banc Federal Circuit was highly fractured One paragraph per curiam opinion affirming the district court s finding that the claims were not directed to patentable subject matter Five different opinions discussing system, media, and method claims
35 35 Alice Corp. Pty. Ltd. v. CLS Bank Int l., No , 2014 WL (U.S. June 19, 2014) Supreme Court unanimously affirmed Court applied its patentable subject matter test from Mayo v. Prometheus 1) Are the claims at issue directed to a patent-ineligible concept? 2) If so, what else in in the claims? Do additional claim elements transform the concept to a patentable application? Here: 1) The claims were directed to an abstract idea intermediated settlement 2) The only additional claim elements are a general purpose computer
36 Nautilus, Inc. v. Biosig Instruments., Inc., 134 S. Ct (June 2, 2014) 36 Indefinite Claims under 112 Previous Federal Circuit Standard: Insolubly Ambiguous or Amenable to Construction
37 Nautilus, Inc. v. Biosig Instruments., Inc., 134 S. Ct (June 2, 2014) 37 Invention: An improved heart rate monitor that filters out other electrical signals. Patent required two electrodes mounted in [a] spaced relationship with each other
38 Nautilus, Inc. v. Biosig Instruments., Inc., 134 S. Ct (June 2, 2014) The district court held the patent indefinite because it did not explain what the space should be 38 Federal Circuit reversed: the functional limitations help define the term Supreme Court vacated and remanded: Federal Circuit s inquiry whether a court can ascribe some meaning to the claims cannot be correct Real inquiry is whether a patent s claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope if the invention with reasonable certainty
39 39 Conclusion on NPEs Not necessarily bad in theory, but there is abuse The response to abusive NPE practices is shaping current legislation and case law. Both Federal and State legislative attempts to deal with the situation Arguably every recent Supreme Court case will impact NPE tactics Even if you are never sued by an NPE, these legislative and judicial changes will affect your IP management and litigation decisions
40 40 Induced Infringement: Single Actor Required, But Good Faith Might Avoid Liability
41 41 LIABILITY FOR INDUCING INFRINGEMENT Direct infringement (35 U.S.C. 271(a)) Strict liability tort One entity commits an act of infringement (this can be one entity vicariously liable for the acts of others) Example: I carry out every step of a patented process Induced Infringement (35 U.S.C. 271(b)) Requires specific intent One entity directly infringes, but another entity induced the infringement Example: A doctor might carry out the steps of a patented medical treatment, but a drug company might have induced that infringement
42 42 INDUCED INFRINGEMENT BEFORE AUG All steps of the method must have been performed by a single actor or someone under his direction or control. That single actor thus committed an act of direct infringement If some entity actively induced the single actor to commit that act of direct infringement, then the entity was potentially liable for inducing infringement.
43 43 Limelight Networks, Inc. v. Akamai Techs., Inc., 134 S. Ct (2014) Akamai s patent covers a method of delivering electronic data. Web sites store certain content of their sites on Akamai s servers and Akamai delivers content to internet users The patent requires tagging such content for storage on multiple servers in multiple locations Limelight operates a similar system Limelight requires the Web sites to do their own tagging Thus, neither Limelight, nor its customers carry out every step of the patented method
44 44 Limelight Networks, Inc. v. Akamai Techs., Inc., 134 S. Ct (2014) AKAMAI Akamai stores and provides web site content and tags files Limelight Limelight stores and provides web site content Web Site Proprietors Web Site Proprietors Limelight s customers tag files
45 45 FEDERAL CIRCUIT AKAMAI DECISION (Aug. 31, 2012) The Federal Circuit en banc ruled that an entity could be liable for infringement by inducing all the steps of a method patent. The steps did not have to be performed by a single actor. So long as all steps were performed, the patentee suffered harm, and could hold the inducer liable Thus, even if no entity was liable for committing an act of direct infringement, some party could still be liable for inducing infringement. Thus, under the facts of Akamai Limelight was liable for inducing infringement
46 46 SUPREME COURT DECISION (June 2, 2014) The Supreme Court reversed Held that there must always be someone liable for an act of direct infringement for someone else to be liable for inducing that infringement. Because neither Limelight nor its customers performed all steps of the claimed method, there was no act of direct infringement. With no direct infringement, there could be no inducement of infringement.
47 47 POST-AKAMAI What does this mean to us? Claims must be drafted appropriately! Draft method claims such that a single entity will have to perform every step. If the claim is drafted such that two entities may carry out the steps, a clever infringer will avoid liability under your patent.
48 A GOOD FAITH BELIEF OF INVALIDITY IS A DEFENSE TO LIABILITY FOR INDUCEMENT 48 Induced infringement requires specific intent Good faith belief that your product did not infringe has been a defense to negate the intent requirement Then, in June of 2013 the Federal Circuit held: - Commil USA, LLC v. Cisco Sys., Inc., 720 F.3d 1361, 1368 (Fed. Cir. 2013)
49 COMMIL v. CISCO 49 First trial Jury found Commil s patents not invalid and that Cisco did not induce infringement. Second trial solely on induced infringement and damages District court prevented Cisco from introducing evidence that it had a good-faith belief Commil s patent was invalid. The Federal Circuit reversed, holding that a good-faith belief the patent is invalid can negate the specific intent to induce infringement.
50 50 BOSE CORP. v. SDI TECHS., 2014 WL (Fed. Cir. Mar. 14, 2014) (nonprecedential) Bose Corp. owned a patent covering a speaker system that converted digital signals to analog signals Bose sued SDI Techs. for indirect infringement The district court held SDI could not have the requisite intent SDI obtained a letter of counsel alleging the patent was invalid The references counsel relied on were ultimately combined to reject the patent in reexamination Bose s expert agreed that SDI believed its invalidity opinion
51 51 BOSE CORP. v. SDI TECHS. (nonprecedential) The Federal Circuit disagreed and recognized that there could be liability during some time periods and not others. SDI learns of patent SDI obtains opinion of counsel Judicial resolution of validity Can be no liability for inducement Inducement if no evidence of Defendant s invalidity belief Inducement if no evidence of Defendant s reliance on opinion Inducement depending on resolution of validity
52 52 WHAT ELSE IS HOT? Lighting Ballast Control LLC v Philips Electronics N. Am. Corp., 744 F.3d 1272 Fed. Cir. 2014) (en banc) En banc Federal Circuit opinion confirming that claim construction is reviewed as a matter of law (Feb. 21, 2014). Supreme Court might disagree granted a petition for Cert on the same issue in Teva v. Sandoz (March 31, 2014). Medtronic, Inc. v. Mirowski Family Ventures, LLC, 134 S. Ct. 842 (2014) Supreme Court held that the burden of proving infringement remains on the patentee even where the patentee is contractually barred from asserting infringement and the licensee seeks a declaratory judgment that the patent is invalid and not-infringed
53 QUESTIONS? 53
Patent System. University of Missouri. Dennis Crouch. Professor
State of the Patent System Dennis Crouch Professor University of Missouri History O'Reilly v. Morse, 56 U.S. 62 (1854) The Telegraph Patent Case waves roll over time courts crash volcanos erupt next
More informationKey Developments in U.S. Patent Law
INTELLECTUAL PROPERTY & TECHNOLOGY LITIGATION NEWSLETTER ISSUE 2014-1: JUNE 3, 2014 Key Developments in U.S. Patent Law In this issue: Fee Shifting Divided Infringement Patent Eligibility Definiteness
More informationPatent Litigation With Non-Practicing Entities: Strategies, Trends and
Patent Litigation With Non-Practicing Entities: Strategies, Trends and Techniques ALFRED R. FABRICANT 20 th Annual Fordham Intellectual Property Conference April 12, 2012 2011 Winston & Strawn LLP Leveling
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 Quarterly Federal Circuit and Supreme
More information2012 Winston & Strawn LLP
2012 Winston & Strawn LLP How the America Invents Act s Post-Issuance Proceedings Influence Litigation Strategy Brought to you by Winston & Strawn s Intellectual Property practice group 2012 Winston &
More informationPatent Portfolio Licensing
Patent Portfolio Licensing Circling the wagons while internally running a licensing program By: Nainesh Shah CAIL - 53rd Annual Conference on IP Law November 17, 2015, Plano, TX All information provided
More informationA Rebalancing Act: Early Patent Litigation Strategies in Light of Recent Federal Circuit Cases ACC Litigation Committee Meeting
ACC Litigation Committee Meeting Demarron Berkley Patent Litigation Counsel Jim Knox Vice President, Intellectual Property Matt Hult Senior Litigation Patent Counsel Mackenzie Martin Partner Dallas July
More informationThe Edge M&G s Intellectual Property White Paper
Supreme Court Restores Old Induced Patent Infringement Standard Requiring a Single Direct Infringer: The Court s Decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. In Limelight Networks,
More informationUSPTO Post Grant Trial Practice
Bill Meunier, Member Michael Newman, Member Peter Cuomo, Of Counsel July 18, 2016 Basics: Nomenclature "IPRs" = Inter partes review proceedings "PGRs" = Post-grant review proceedings "CBMs" = Post-grant
More informationLIMELIGHT V. AKAMAI: LIMITING INDUCED INFRINGEMENT
LIMELIGHT V. AKAMAI: LIMITING INDUCED INFRINGEMENT MICHAEL A. CARRIER * In Limelight Networks, Inc. v. Akamai Technologies, Inc., 1 the Supreme Court addressed the relationship between direct infringement
More informationRobert D. Katz, Esq. Eaton & Van Winkle LLP 3 Park Avenue 16th Floor New York, N.Y Tel: (212)
Robert D. Katz, Esq. Eaton & Van Winkle LLP 3 Park Avenue 16th Floor New York, N.Y. 10016 rkatz@evw.com Tel: (212) 561-3630 August 6, 2015 1 Diamond v. Chakrabarty, 447 U.S. 303 (1982) The patent laws
More informationUnited States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit LUMEN VIEW TECHNOLOGY LLC, Plaintiff-Appellant v. FINDTHEBEST.COM, INC., Defendant-Appellee 2015-1275, 2015-1325 Appeals from the United States District
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELA WARE ) ) ) ) ) ) ) ) ) MEMORANDUM
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELA WARE INVENTOR HOLDINGS, LLC, Plaintiff, v. BED BATH & BEYOND INC., Defendant. C.A. No. 14-448-GMS I. INTRODUCTION MEMORANDUM Plaintiff Inventor
More informationInter Partes Review vs. District Court Litigation
Inter Partes Review vs. District Court Litigation February 19, 2015 2 PM ET Ha Kung Wong Inter Partes Review vs. District Court Litigation February 19, 2015 2 PM ET Ha Kung Wong Debbie Gibson v. Tiffany
More informationUS Supreme Court Issues Important Opinion on Patent Eligibility of Computer- Implemented Inventions
US Supreme Court Issues Important Opinion on Patent Eligibility of Computer- Implemented Inventions Andy Pincus Partner +1 202 263 3220 apincus@mayerbrown.com Stephen E. Baskin Partner +1 202 263 3364
More informationRECENT US SUPREME COURT DECISIONS ON PATENT LAW AND THE INFLUENCE ON CURRENT PATENT PRACTICE AND POTENTIAL US PATENT LAW REFORM
RECENT US SUPREME COURT DECISIONS ON PATENT LAW AND THE INFLUENCE ON CURRENT PATENT PRACTICE AND POTENTIAL US PATENT LAW REFORM Hon. Garrett Brown Jr. Moderator Charles R. Macedo Partner Amster, Rothstein
More informationTECHNOLOGY & BUSINESS LAW ADVISORS, LLC
TECHNOLOGY & BUSINESS LAW ADVISORS, LLC www.tblawadvisors.com Fall 2011 Business Implications of the 2011 Leahy-Smith America Invents Act On September 16, 2011, the Leahy-Smith America Invents Act (AIA)
More informationIP Strategies for Software Tech Companies
IP Strategies for Software Tech Companies Amy Chun Russell Jeide Ted Cannon September 11, 2014 Roadmap Key IP Concerns for Software Tech Companies New Post-Grant Proceedings for Challenging Patents Impact
More information2011 Foley & Lardner LLP Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative
2011 Foley & Lardner LLP Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients 321 N. Clark Street, Suite 2800, Chicago,
More informationCase No UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT. RICHARD A WILLIAMSON, Trustee for At Home Bondholders Liquidating Trust,
Case No. 2013-1130 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT RICHARD A WILLIAMSON, Trustee for At Home Bondholders Liquidating Trust, v. Plaintiff-Appellant, CITRIX ONLINE, LLC, CITRIX SYSTEMS,
More informationWHITE PAPER. Key Patent Law Decisions of 2014
WHITE PAPER March 2015 Key Patent Law Decisions of 2014 The U.S. Supreme Court has granted certiorari in more and more patent law cases over the last several years and is on pace to hear twice as many
More informationLessons from the Recent Supreme Court Term: Ordinary Rules Apply in Patent Cases
Lessons from the Recent Supreme Court Term: Ordinary Rules Apply in Patent Cases If the judges on the United States Court of Appeals for the Federal Circuit choose to reflect on the recently concluded
More informationAmerica Invents Act: The Practical Effects of the New USPTO Post-Grant Proceedings
PRESENTATION TITLE America Invents Act: The Practical Effects of the New USPTO Post-Grant Proceedings Wab Kadaba February 8, 2012 1 America Invents Act of 2011 Signed by President Obama on Sept. 16, 2011
More informationAnthony C Tridico, Ph.D.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Patents Case Law in the U.S. Anthony C Tridico, Ph.D. 18 November, 2015 1 1. Teva v. Sandoz Federal Circuit it must apply a clear error standard when
More informationUNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) This case arises out of the alleged infringement of a patent for an audio communication
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA -WAY COMPUTING, INC., Plaintiff, vs. GRANDSTREAM NETWORKS, INC., Defendant. :-cv-0-rcj-pal ORDER This case arises out of the alleged infringement of a patent
More informationThe Changing Landscape of AIA Proceedings
The Changing Landscape of AIA Proceedings Presented by: Gina Cornelio, Partner, Patent Clint Conner, Partner, Intellectual Property Litigation June 20, 2018 The Changing Landscape of AIA Proceedings Gina
More informationBrief Summary of Precedential Patent Case Law For the Period to
Brief Summary of Precedential Patent Case Law For the Period 11-9-2017 to 12-13-2017 By Rick Neifeld, Neifeld IP Law, PC This article presents a brief summary of relevant precedential points of law during
More informationWebinar: How Could the U.S. Supreme Court s Recent Rewrite of the U.S. Patent Laws Affect You?
Webinar: How Could the U.S. Supreme Court s Recent Rewrite of the U.S. Patent Laws Affect You? February 25, 2015 12:00-1:15 p.m. EST Steven M. Auvil Partner and Leader, IP&T Litigation Practice Overview
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEMORANDUM OPINION AND ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NEXUSCARD, INC. Plaintiff, v. BROOKSHIRE GROCERY COMPANY, Defendant. THE KROGER CO. Case No. 2:15-cv-961-JRG (Lead
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EMG TECHNOLOGY, LLC, Plaintiff, v. ETSY, INC., Defendant. CIVIL ACTION NO. 6:16-CV-00484-RWS MEMORANDUM OPINION AND
More informationInter Partes and Covered Business Method Reviews A Reality Check
Inter Partes and Covered Business Method Reviews A Reality Check Wab Kadaba Chris Durkee January 8, 2014 2013 Kilpatrick Townsend Agenda I. IPR / CBM Overview II. Current IPR / CBM Filings III. Lessons
More informationFee Shifting & Ethics. Clement S. Roberts Durie Tangri LLP December 11, 2015
Fee Shifting & Ethics Clement S. Roberts Durie Tangri LLP December 11, 2015 Overview A brief history of fee shifting & the law after Octane Fitness Early empirical findings Is this the right rule from
More informationUNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD. ALLSCRIPTS HEALTHCARE SOLUTIONS, INC.
Trials@uspto.gov Paper 20 571.272.7822 Entered: August 26, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD ALLSCRIPTS HEALTHCARE SOLUTIONS, INC., Petitioner, v.
More informationIntersection of Automotive, Aerospace, & Transportation: Practical Strategies for Resolving IP Conflicts in Multi-Supplier Sourcing
Intersection of Automotive, Aerospace, & Transportation: Practical Strategies for Resolving IP Conflicts in Multi-Supplier Sourcing May 28, 2014 R. David Donoghue Holland & Knight LLP 131 South Dearborn
More informationCase No UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT. ULTRAMERCIAL, LLC and ULTRAMERCIAL, INC., and WILDTANGENT, INC.
Case No. 2010-1544 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT ULTRAMERCIAL, LLC and ULTRAMERCIAL, INC., v. Plaintiffs-Appellants, HULU, LLC, Defendant, and WILDTANGENT, INC., Defendant-Appellee.
More informationPatent Eligibility Trends Since Alice
Patent Eligibility Trends Since Alice 2014 Waller Lansden Dortch & Davis, LLP. All Rights Reserved. Nate Bailey Waller Lansden Dortch & Davis, LLP 35 U.S.C. 101 Whoever invents or discovers any new and
More informationAmerica Invents Act H.R (Became Law: September 16, 2011) Michael K. Mutter Birch, Stewart, Kolasch & Birch October 11-12, 2011
America Invents Act H.R. 1249 (Became Law: September 16, 2011) Michael K. Mutter Birch, Stewart, Kolasch & Birch www.bskb.com October 11-12, 2011 H.R. 1249 became law Sept. 16, 2011 - Overview first inventor
More informationDefending Against Inducement Claims Post-Commil
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Defending Against Inducement Claims Post-Commil Law360,
More informationAIPPI World Intellectual Property Congress, Toronto. Workshop V. Patenting computer implemented inventions. Wednesday, September 17, 2014
AIPPI World Intellectual Property Congress, Toronto Workshop V Patenting computer implemented inventions Wednesday, September 17, 2014 Implications of Alice Corp. v. CLS Bank (United States Supreme Court
More informationCurrent Developments in U.S. Patent Law
Current Developments in U.S. Patent Law Fordham IP Institute: 2C. U.S. Patent Law Dimitrios T. Drivas April 8, 2015 U.S. Supreme Court 35 U.S.C. 285, Exceptional Case Standard for Award Octane Fitness
More informationHow to Handle Complicated IPRs:
How to Handle Complicated IPRs: Obviousness Requirements in Recent CAFC Cases and Use of Experimental Data OCTOBER 2017 nixonvan.com District Court Lawsuit Statistics Number of New District Court Cases
More informationThe Court dismissed this patent infringement action on August 9, Anchor Sales &
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC-SDNY DOCUMENT ELECTRO NI CALLY FILED DOC#: DATE FILED: 10/20/2016 ANCHOR SALES & MARKETING, INC., Plaintiff, RICHLOOM FABRICS GROUP, INC.,
More informationIntellectual Property: Efficiencies in Patent Post-Grant Proceedings
Intellectual Property: Efficiencies in Patent Post-Grant Proceedings By Ann Fort, Pete Pappas, Karissa Blyth, Robert Kohse and Steffan Finnegan The Leahy-Smith America Invents Act of 2011 (AIA) created
More informationThe Changing Landscape of Patent Litigation: Fee Awards and Exceptional Case Status
The Changing Landscape of Patent Litigation: Fee Awards and Exceptional Case Status Date: June 17, 2014 By: Stephen C. Hall The number of court pleadings filed in the District Court for the Highmark/Allcare
More informationUNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : : : : : : : : : Plaintiffs, Defendants.
NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TYCO HEALTHCARE GROUP LP and MALLINCKRODT INC., v. Plaintiffs, MUTUAL PHARMACEUTICAL COMPANY, INC. and UNITED RESEARCH LABORATORIES,
More informationThe Supreme Court decision in Halo v. Pulse Electronics changes treble damage landscape
The Supreme Court decision in Halo v. Pulse Electronics changes treble damage landscape Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923, 195 L. Ed. 2d 278 (2016), Shawn Hamidinia October 19, 2016
More informationSPECIAL REPORT May 2018 SURPREME COURT FINDS USPTO S ADMINISTRATIVE PATENT TRIALS CONSTITUTIONAL AND SETS GROUND RULES FOR THEIR CONDUCT BY THE PTAB
SPECIAL REPORT May 2018 Spring 2017 SURPREME COURT FINDS USPTO S ADMINISTRATIVE PATENT TRIALS CONSTITUTIONAL AND SETS GROUND RULES FOR THEIR CONDUCT BY THE PTAB On April 24, 2018, the United State Supreme
More informationIPRs and CBMs : The Good, the Bad, and the Unknown. Seattle Intellectual Property Inn of Court A Presentation by Group 6 April 17, 2014
IPRs and CBMs : The Good, the Bad, and the Unknown Seattle Intellectual Property Inn of Court A Presentation by Group 6 April 17, 2014 The Governing Statutes 35 U.S.C. 311(a) In General. Subject to the
More informationSupreme Court Addresses Fee Shifting in Patent Infringement Cases
Supreme Court Addresses Fee Shifting in Patent Infringement Cases In Pair of Rulings, the Supreme Court Relaxes the Federal Circuit Standard for When District Courts May Award Fees in Patent Infringement
More informationPost-Grant Trends: The PTAB Strikes Back
Post-Grant Trends: The PTAB Strikes Back Peter Dichiara Greg Lantier Don Steinberg Emily Whelan Attorney Advertising Speakers Peter Dichiara Partner Intellectual Property Donald Steinberg Partner Chair,
More informationThe Wonderland Of Patent Ineligibility As Litigation Defense
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com The Wonderland Of Patent Ineligibility As Litigation
More informationCOMMENTS OF THE ELECTRONIC FRONTIER FOUNDATION REGARDING TRIAL PROCEEDINGS UNDER THE AMERICA INVENTS ACT BEFORE THE PATENT TRIAL AND APPEAL BOARD
COMMENTS OF THE ELECTRONIC FRONTIER FOUNDATION REGARDING TRIAL PROCEEDINGS UNDER THE AMERICA INVENTS ACT BEFORE THE PATENT TRIAL AND APPEAL BOARD Docket No. PTO P 2014 0031 The Electronic Frontier Foundation
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 EDWIN LYDA, Plaintiff, v. CBS INTERACTIVE, INC., Defendant. Case No. -cv-0-jsw ORDER GRANTING, IN PART, MOTION FOR ATTORNEYS FEES AND COSTS
More informationHigh-Tech Patent Issues
August 6, 2012 High-Tech Patent Issues On June 4, 2013, the White House Task Force on High-Tech Patent Issues released its Legislative Priorities & Executive Actions, designed to protect innovators in
More informationPreemptive Use Of Post-Grant Review Vs. Inter Partes Review
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Preemptive Use Of Post-Grant Review Vs. Inter
More informationBNA s Patent, Trademark & Copyright Journal
BNA s Patent, Trademark & Copyright Journal Reproduced with permission from BNA s Patent, Trademark & Copyright Journal, 89 PTCJ 823, 1/30/15. Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033)
More informationAmerica Invents Act (AIA) The Patent Reform Law of 2011 Initial Summary
PRESENTATION TITLE America Invents Act (AIA) The Patent Reform Law of 2011 Initial Summary Christopher M. Durkee James L. Ewing, IV September 22, 2011 1 Major Aspects of Act Adoption of a first-to-file
More informationPatent Reform State of Play
Patent Reform Beyond the Basics: Exposing Hidden Traps, Loopholes, Landmines Powered by Andrew S. Baluch April 15, 2016 1 Patent Reform State of Play Congress 8 bills pending Executive Agencies IPR Final
More informationCOMMENTS OF THE ELECTRONIC FRONTIER FOUNDATION REGARDING CROWDSOURCING AND THIRD-PARTY PREISSUANCE SUBMISSIONS. Docket No.
COMMENTS OF THE ELECTRONIC FRONTIER FOUNDATION REGARDING CROWDSOURCING AND THIRD-PARTY PREISSUANCE SUBMISSIONS Docket No. PTO P 2014 0036 The Electronic Frontier Foundation ( EFF ) is grateful for this
More informationTrends in U.S. Patent Law: Key Decisions from the Federal Circuit
The 4 th Annual US-China IP Conference: Best Practices for Innovation and Creativity Trends in U.S. Patent Law: Key Decisions from the Federal Circuit Julie Holloway Latham & Watkins LLP October 8, 2015
More information344 SUFFOLK UNIVERSITY LAW REVIEW [Vol. XLIX:343
Patent Law Divided Infringement of Method Claims: Federal Circuit Broadens Direct Infringement Liability, Retains Single Entity Restriction Akamai Technologies, Incorporated v. Limelight Networks, Incorporated,
More informationAmerica Invents Act (AIA) Post-Grant Proceedings. Jeffrey S. Bergman Kevin Kuelbs Laura Witbeck
America Invents Act (AIA) Post-Grant Proceedings Jeffrey S. Bergman Kevin Kuelbs Laura Witbeck What is included in Post-Grant Reform in the U.S.? Some current procedures are modified and some new ones
More informationSupreme Court of the United States
No. 18-415 In The Supreme Court of the United States --------------------------------- --------------------------------- HP INC., F/K/A HEWLETT-PACKARD COMPANY, Petitioner, v. STEVEN E. BERKHEIMER, Respondent.
More informationT he landscape for patent disputes is changing rapidly.
BNA s Patent, Trademark & Copyright Journal Reproduced with permission from BNA s Patent, Trademark & Copyright Journal, 84 PTCJ 828, 09/14/2012. Copyright 2012 by The Bureau of National Affairs, Inc.
More informationFEDERAL CIRCUIT DECISIONS FOR WEEK ENDING AUGUST 25, 2017
P+S FEDERAL CIRCUIT SUMMARIES VOL. 9, ISSUE 35 FEDERAL CIRCUIT DECISIONS FOR WEEK ENDING AUGUST 25, 2017 Icon Health & Fitness, Inc. v. Octane Fitness, LLC, No. 2016-1047, 2016-1101 (August 25, 2017) (nonprecedential)
More informationPost-Grant Patent Proceedings
Post-Grant Patent Proceedings The Leahy-Smith America Invents Act (AIA), enacted in 2011, established new post-grant proceedings available on or after September 16, 2012, for challenging the validity of
More informationSignificant Patent Topics in the Past Year
Significant Patent Topics in the Past Year Presented by:!! Peter E. Heuser!!Brian G. Bodine!!Schwabe, Williamson!Lane Powell!! & Wyatt!!! September 2, 2015! PATENTABLE SUBJECT MATTER 2 Alice Corp. v. CLS
More informationNew Post Grant Proceedings: Basics by
New Post Grant Proceedings: Basics by Tom Irving Copyright Finnegan 2013 May 14, 2013 Disclaimer These materials are public information and have been prepared solely for educational and entertainment purposes
More informationU.S. Supreme Court Changes Standards for Attorney Fee Awards in Patent Cases by David R. Todd
On April 29, 2014, the Supreme Court issued decisions in Octane Fitness, LLC v. Icon Health & Fitness, Inc. and in Highmark Inc. v. Allcare Health Management System, Inc. Both cases involve parties who
More informationIs Inter Partes Review Set for Supreme Court Review?
October 16, 2015 Practice Groups: Patent Office Litigation IP Procurement and Portfolio Managemnet IP Litigation Is Inter Partes Review Set for Supreme Court Review? By Mark G. Knedeisen and Mark R. Leslie
More informationFactors Favoring Early Settlement of Post-Grant Proceedings Landslide Vol. 8, No. 6 July/August 2016
Factors Favoring Early Settlement of Post-Grant Proceedings Landslide Vol. 8, No. 6 July/August 2016 MARY R. HENNINGER, PHD 404.891.1400 mary.henninger@mcneillbaur.com REBECCA M. MCNEILL 617.489.0002 rebecca.mcneill@mcneillbaur.com
More informationThe Scope and Ramifications of the New Post-Grant and Inter Partes Review Proceedings at the USPTO
The Scope and Ramifications of the New Post-Grant and Inter Partes Review Proceedings at the USPTO By Lawrence A. Stahl and Donald H. Heckenberg The Leahy-Smith America Invents Act (AIA) makes numerous
More informationLatham & Watkins Litigation Department
Number 1391 September 12, 2012 Client Alert Latham & Watkins Litigation Department Federal Circuit Holds that Liability for Induced Infringement Requires Infringement of a Patent, But No Single Entity
More informationCoordinating Litigation
Presented: 2013 Berkeley-Stanford Advanced Patent Law Institute December 12-13, 2013 Four Seasons Hotel Palo Alto, California Coordinating Litigation Jared Bobrow David L. McCombs Isaac Peterson Jared
More informationPreface to 2016 Supplement
Preface to 2016 Supplement The 2016 Supplement of Patent Prosecution: Law, Practice, and Procedure addresses various significant changes in U.S. patent law resulting from recent decisions and statutory
More informationPOST GRANT REVIEW PROCEEDINGS IN THE PTO STEPHEN G. KUNIN PARTNER
POST GRANT REVIEW PROCEEDINGS IN THE PTO STEPHEN G. KUNIN PARTNER PATENT TRIAL AND APPEAL BOARD (PTAB) COMPOSITION DIRECTOR DEPUTY DIRECTOR COMMISSIONER FOR PATENTS COMMISSIONER FOR TRADEMARKS APJ 2 PATENT
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
0 0 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA HTC CORPORATION, et al., HTC CORPORATION, et al., KYOCERA CORPORATION, et al., V. PLAINTIFF, KYOCERA CORPORATION, et al., SAN JOSE DIVISION
More informationDiscovery and Fact Investigation: New Patent Office Procedures under America Invents Act
2013 Korea-US IP Judicial Conference (IPJC) Seminar 1 Discovery and Fact Investigation: New Patent Office Procedures under America Invents Act Nicholas Groombridge Discovery in District Court Litigations
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOAO BOCK TRANSACTION SYSTEMS, LLC, Plaintiff, v. JACK HENRY & ASSOCIATES, INC. Defendant. Civ. No. 12-1138-SLR MEMORANDUM ORDER At Wilmington
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN VOCALTAG LTD. and SCR ENGINEERS LTD., v. Plaintiffs, AGIS AUTOMATISERING B.V., OPINION & ORDER 13-cv-612-jdp Defendant. This is
More informationEmerging Trends and Legal Developments in Post-Grant Proceedings
Emerging Trends and Legal Developments in Post-Grant Proceedings March 28, 2017 Attorney Advertising Overview Trends for TC1600/Orange Book Patents Legal Developments Scope of Estoppel Joinder Motions
More informationNavigating Section 112 Issues in IPR Proceedings: Using Section 112 as a Sword or a Shield
Presenting a live 90-minute webinar with interactive Q&A Navigating Section 112 Issues in IPR Proceedings: Using Section 112 as a Sword or a Shield Addressing Section 112 Issues in IPR Petitions, Establishing
More informationSENATE PASSES PATENT REFORM BILL
SENATE PASSES PATENT REFORM BILL CLIENT MEMORANDUM On Tuesday, March 8, the United States Senate voted 95-to-5 to adopt legislation aimed at reforming the country s patent laws. The America Invents Act
More informationNewly Signed U.S. Patent Law Will Overhaul Patent Procurement, Enforcement and Defense
September 16, 2011 Practice Groups: IP Procurement and Portfolio Management Intellectual Property Litigation Newly Signed U.S. Patent Law Will Overhaul Patent Procurement, Enforcement and Defense On September
More informationPresentation to SDIPLA
Presentation to SDIPLA Anatomy of an IPR Trial by Andrea G. Reister Chair, Patent Office and Advisory Practice Covington & Burling LLP February 20, 2014 Outline 1. Overview 2. Preliminary Phase 3. Decision
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEMORANDUM OPINION AND ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION E2E PROCESSING, INC., Plaintiff, v. CABELA S INC., Defendant. Case No. 2:14-cv-36-JRG-RSP MEMORANDUM OPINION AND
More informationBCLT Back to School: The New Patent Law Explained (Post-Grant Procedures) Stuart P. Meyer
BCLT Back to School: The New Patent Law Explained (Post-Grant Procedures) Stuart P. Meyer Agenda Overview of AIA Post-Grant Approach More Lenses on Patents After Issuance Section 6 Post-Grant Review Proceedings
More informationAIA Post-Grant Proceedings: Lessons Learned from PTAB and Federal Circuit Decisions
AIA Post-Grant Proceedings: Lessons Learned from PTAB and Federal Circuit Decisions Christopher Persaud, J.D., M.B.A. Patent Agent/Consultant Patent Possibilities Tyler McAllister, J.D. Attorney at Law
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCTION
Zillow, Inc. v. Trulia, Inc. Doc. 0 ZILLOW, INC., UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CASE NO. C-JLR v. Plaintiff, ORDER DENYING DEFENDANT S MOTION TO DISMISS WITHOUT
More informationFriend or Foe: the New Patent Challenge Procedures at the Patent Trial and Appeal Board
Friend or Foe: the New Patent Challenge Procedures at the Patent Trial and Appeal Board Asserting rights are no longer the province of pencil-pushing technology companies. Many businesses, big and small
More information2015 IP Law Year In Review John B. Sganga, Jr.
2015 IP Law Year In Review John B. Sganga, Jr. January 7, 2016 knobbe.com Patents: Belief of invalidity not a defense to inducement Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015)
More informationJuly 12, NPE Patent Litigation. The AIA s Impact on. Chris Marchese. Mike Amon
The AIA s Impact on NPE Patent Litigation Chris Marchese Mike Amon July 12, 2012 What is an NPE? Non Practicing Entity (aka patent troll ) Entity that does not make products Thus does not practice its
More informationFEDERAL CIRCUIT DECISIONS FOR WEEK ENDING June 19, 2015
P+S FEDERAL CIRCUIT SUMMARIES VOL. 7, ISSUE 24 FEDERAL CIRCUIT DECISIONS FOR WEEK ENDING June 19, 2015 Williamson v. Citrix Online, LLC, (June 16, 2015) (en banc) (precedential) (11-1) Patent No. 6,155,840
More informationU.S. Patent and Trademark Office Issues Proposed Rules for Post-Issuance Patent Review under the America Invents Act
February 16, 2012 Practice Groups: Intellectual Property Intellectual Property Litigation U.S. Patent and Trademark Office Issues Proposed Rules for Post-Issuance Patent Review under the America Invents
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION REPORT AND RECOMMENDATION
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ZIRCORE, LLC, v. Plaintiff, STRAUMANN MANUFACTURING, INC., STRAUMANN USA, STRAUMANN HOLDING AG, DENTAL WINGS, INSTITUT
More informationFactors Affecting Success of Stay Motions Pending Inter Partes & Covered Business Method Review
Factors Affecting Success of Stay Motions Pending Inter Partes & Covered Business Method Review Hosted by The Federal Circuit Bar Association October 21, 2016 Moderator: Kevin Hardy, Williams & Connolly
More informationL DATE FILED: ~-~-~ lll'f
Case 1:13-cv-03777-AKH Document 154 Filed 08/11/14 I USDC Page SL ~ y 1 of 10 I DOCJ.. 1.' '~"'"T. ~ IFLr"l 1-... ~~c "' ' CALL\ ELED DOL#: 1 UNITED STATES DISTRICT COURT L DATE FILED: ~-~-~ lll'f SOUTHERN
More informationTrends From 2 Years Of AIA Post-Grant Proceedings
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Trends From 2 Years Of AIA Post-Grant Proceedings
More informationCOMMENTARY. Ten New Supreme Court Opinions Reshaping the Intellectual-Property Landscape
August 2014 COMMENTARY Ten New Supreme Court Opinions Reshaping the Intellectual-Property Landscape Thirty years ago, the U.S. Supreme Court heard between 150 and 175 cases each year, but rarely accepted
More informationFenner Investments, Ltd. v. Cellco Partnership Impact on IPR Practice and District Court Practice
Where Do We Go from Here? - An Analysis of Teva s Impact on IPR Practice and How the Federal Circuit Is Attempting to Limit the Impact of Teva By Rebecca Cavin, Suzanne Konrad, and Michael Abernathy, K&L
More information