Columns & Departments
Jeff Ginsberg
&
Abhishek Bapna
Federal Circuit: ITC Did Not Err in Denying Non-Respondent's Petition to Rescind Exclusion Order Based on Invalidity Grounds
Federal Circuit: District Court Did Not Err in Ruling that 'Half-Liquid' Is Indefinite
Federal Circuit: District Court Did Not Err In Allowing Jury to Determine Infringement Based on Products' Compliance with Standard
Features
Rene Befurt, Marie Warchol
&
Anthony Nasr
As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.
Columns & Departments
Howard Shire
&
Shaleen Patel
Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination
Federal Circuit: Notice to Market Bio Product Not Negated By New Applications
Features
Kerry S. Taylor
&
Nathanael R. Luman
On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.
Columns & Departments
Jeff Ginsberg
&
Zhiqiang Liu
Federal Circuit Finds Preamble Not Limiting and Claims Reciting Means-Plus-Function Limitations Without Disclosure of Corresponding Structures Cannot Be Determined Unpatentable as Indefinite in an IPR Proceeding
Federal Circuit Finds That District Court Correctly Applied the Disclosure-Dedication Doctrine In Granting a Motion for Judgment of Non-Infringement on the Pleadings
Features
Rudy Kim
&
Chris Han
Holding that the parties' executed agreement mooted the issues in the case, the Federal Circuit recently reversed a district court's decision to grant summary judgment of non-infringement despite the parties' agreement. The decision builds upon prior Federal Circuit case law giving effect to settlement agreements.
Columns & Departments
Howard Shire
&
Shaleen Patel
Article III Inter Partes Review Decision Precluded By Congress, SCOTUS Rules
SDNY: Video Game Makers Not Violating Copyright with NBA Player Tattoos
Features
Gunjan Agarwal
While AI is rising as a key commercial player at the global scale with an expected market size of almost $400 billion by 2025, are patent laws around the world equipped to incentivize this revolution?
Columns & Departments
Jeff Ginsberg
&
Matthew Weiss
Federal Circuit: Method of Preparation Claim is Patentable
Federal Circuit: Same Party Cannot Join IPR Petitions under 35 U.S.C. §315(c)
Features
Rudy Y. Kim
With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney's fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney's fees may be available under Section 285.
