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.
Articles
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...
Hulu v. Sound View: The PTAB Sets New Precedent on How to Prove a Reference Is a Printed Publication
Invalidity grounds in IPR that are not based on patents must be based on printed publications. But the nature of the evidence required at the time of institution to show that a non-patent reference is...
COVID-19: Impact on Patent Procedures
The following presentation discusses the impact COVID-19 has had on patent procedures. Topics covered include:
Appearing Before PTAB During COVID-19: What You Need to Know
Appearing before the Patent Trial and Appeal Board (PTAB) looks different as a result of COVID-19. The PTAB recently held a “Boardside Chat” to talk about how PTAB practice has changed. Here are some ...
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...
Illuminating Section 101: The Federal Circuit Upholds Diagnostic-Related Patent In Illumina, Inc. v. Ariosa Diagnostics, Inc.
Overview On March 17, 2020, the Federal Circuit reversed the district court’s finding that two patents relating to diagnostic methods involving cell-free fetal DNA were invalid for lacking subject mat...
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...