Divided Infringements Still Dividing Courts? New Cases Provide More Insights
An article co-authored by Hunter Keeton titled “Divided Infringements Still Dividing Courts? New Cases Provide More Insights” was published by Westlaw Journal. Read more.
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The Impact of Foreign-Based Witnesses on COVID-Related Requests for Extensions
Recent orders by the Honorable Rodney Gilstrap in the Eastern District of Texas demonstrate the potential impact of foreign discovery during the pandemic. In Canon, Inc. v. TCL Electronics Holdings Lt...
COVID-19 Prioritized Examination Pilot Program
The United States Patent and Trademark Office (USPTO) announced a new program designed to prioritize examination of patents geared towards the prevention or treatment of COVID-19. Claims must cover “a...
The Supreme Court Says the PTAB, Not the Federal Circuit, Gets to Say Whether an IPR is Outside the One-Year Time Bar
Last week, the Supreme Court released its opinion in Thryv, Inc. v. Click-to-Call. This case, as we previously reviewed, concerns whether the PTAB’s application of the one-year statutory time bar for ...
Serving Notice While Six Feet Apart: Substituted Service in Light of COVID-19
All lawsuits in federal district court start with the filing of a complaint. But that complaint, amongst other documents, must eventually reach the defendant for a lawsuit to truly begin—this is a nec...
The Open COVID Pledge: What You Need to Know
As COVID-19 continues to impact people around the world, many organizations and institutions are shifting gears to focus their efforts on ways in which they can help. Some are working to combat corona...
Hearings in the Time of COVID-19: Effective Representation While Remote
Due to the current COVID-19 pandemic, effectively all hearings and oral arguments must be cancelled, rescheduled or conducted remotely. Because it remains unclear when it will be safe—and responsible—...
The Federal Circuit Slams the Door Closed On Same-Party Joinder
The March 2019 decision from the PTAB’s Precedential Opinion Panel (“POP”) in Proppant Express Investments v. Oren Technologies held that petitioners can in some situations join issues to their pendin...
Indefinite, but Obvious and Anticipated? Federal Circuit Tells PTAB Certain Indefinite Claims May Be Anticipated or Obvious
Patent claims that could be indefinite have long raised tricky issues for parties in IPR. Should petitioners challenge in IPR claims they think are indefinite? What should the PTAB do if it concludes ...
Latest Developments and Emerging Trends at the ITC
An article written by Greg Corbett and Libbie DiMarco titled "Latest Developments and Emerging Trends at the ITC" was published in IP Litigator. Read more.
Litigating Invalidity After IPR Resolution
An article written by Libbie DiMarco and Nathan Speed titled "Litigating Invalidity After IPR Resolution" was published in the Chicago-Kent Journal of Intellectual Property. Read more.
Supreme Court Oral Argument Review: The Justices Appear Split in Thryv v. Click-to-Call
The Supreme Court heard oral arguments in Thryv v. Click-to-Call Technologies last month. As we previously discussed, the case concerns whether the PTAB’s finding that a petition for IPR was timely fi...