Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Federal Circuit: PTAB Jurisdiction Exists Over Expired Patents
On Jan. 27, 2025, a Federal Circuit panel of Judges Lourie, Dyk, and Hughes issued a unanimous decision in Apple Inc. v. Gesture Tech. Partners, LLC, Case Nos. 2023-1501, 2023-1554 (Fed. Cir. 2025). The Federal Circuit determined that the United States Patent Trial and Appeal Board (the Board) has jurisdiction to review claims of a patent that has expired. Slip op. at 3.
Gesture Technology Partners, LLC (Gesture) is the owner of U.S. Patent No. 8,878,949 (the ’949 patent), entitled “Camera Based Interaction and Instruction.” Id. at 2-3. In June 2021, Apple Inc. (Apple) filed an inter partes review (IPR) petition, asserting that each claim of the ’949 patent was unpatentable as obvious over two prior art references. Id. at 4. However, at the time of the IPR, the ’949 patent had already expired. Id. Gesture argued that the Board “could not exercise jurisdiction” over the IPR because “the ’949 patent expired in May 2020, before Apple filed its petition in June 2021.” Id. at 5. Gesture argued that “[s]ince the patentee’s right becomes limited to collecting damages … in an Article III court” upon expiration of a patent, “jurisdiction over the expired patent” is also limited to the Article III courts at that time. Id. at 5.
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
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.