Under the estoppel provisions of 35 U.S.C. § 315(e), if an IPR results in a final written decision, the petitioner is barred from raising invalidity arguments in court or the ITC based on any grounds ...
(as published by Bloomberg Law) Determining whether a party can be sued in a particular venue is crucial for both patent owners looking to file suit and accused infringers seeking to avoid a given ven...
The Federal Circuit recently declined to consider whether a successful IPR petitioner is estopped from making its winning invalidity arguments in district court. If a winning petitioner does face esto...
An article authored by Dan Rudoy titled “Strategies for Patenting AI Innovations In Life Sciences” appeared in the July/August issue of Life Science Leader. Read more.
(as published by the New York Law Journal) Patent owners asserting their patents in litigation will often seek broad claim constructions to cover accused products and forestall defendants’ non-infring...
(As published by Bloomberg) OVERVIEW: The U.S. Supreme Court struck down the Lanham Act’s bar on registering immoral or scandalous marks on June 24, allowing federal trademark protection for “immoral ...
An article by John Strand and Ethan Marks titled “Supreme Court: Licensee may use trademark after bankruptcy rejection, subject to license” was published in Thomson Reuters Westlaw Journal. Read more.
An article co-authored by Hunter Keeton titled “What Is the Key to Unlocking the Federal Circuit’s Divided Infringement Test?” was published in the May/June 2019 issue of IP Litigator. Read more.
An IPR follow-on petitioner may find it particularly challenging to select the best prior art references and arguments to submit to the PTAB. To make matters worse, the PTAB may decide to invoke its d...
(as published by ITC TLA) In the Matter of CERTAIN MOBILE ELECTRONIC DEVICES AND RADIO FREQUENCY AND PROCESSING COMPONENTS THEREOF (II), Inv. No. 337-TA-1093, Initial Determination and Recommended Rem...
For months, panels at the PTAB have debated the relevance of parallel district court litigation on the PTAB’s discretion under 35 U.S.C. § 314(a) to institute or deny a petition for IPR. On May 7, 201...
(as published here by Startup Nation) Startups thrive on innovation and disruption, finding new ways to tackle challenges and devise solutions. However, many new businesses don’t have a strong underst...