Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents
On March 12, 2018, a Federal Circuit panel of Judges Lourie, Reyna, and Chen issued a unanimous decision in SimpleAir, Inc. v. Google LLC, Case No. 2016-2738. This case was on appeal from the United States District Court for the Eastern District of Texas in No. 2:16-cv-00488-JRG. The panel vacated the district court's claim preclusion order, and remanded to determine whether formal claim construction was necessary to resolve whether the asserted claims were patentably indistinct from the claims in previously adjudicated patents.
SimpleAir, Inc. (SimpleAir) owns a family of patents directed to push notification technology. The parent patent and child patents in the family all share a common specification and also claim priority from the same provisional application. To overcome obviousness-type double patenting rejections during prosecution of the child patents, SimpleAir filed terminal disclaimers which required the child patents to expire the same day as the parent patent, and be commonly owned with the parent patent. SimpleAir brought a series of lawsuits involving the family of patents against Google, LLC (Google). Each lawsuit accused Google's Cloud Messaging and Cloud to Device Messaging Services (GCM), and the first three lawsuits resulted in judgment of noninfringement.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.