Tag: Patent litigation
Federal Circuit Reverses District Court’s Indefiniteness Holding for Samsung Based on Prosecution History
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently made a significant ruling in the case of Neonode v. Samsung Electronics, overturning the Western District of Texas district court's decision regarding the...
Revival of Induced Infringement Claims by Federal Circuit
The recent decision by the Federal Circuit regarding induced infringement claims has brought to light an important aspect of the Hatch-Waxman Act. This case involving Amarin and Hikma sheds light on the use of...
Shifting Burden in Patent Litigation: Lessons Learned from PTAB Cases
In June 2024, Jones Day provided valuable insights on the shifting burden in patent litigation, specifically focusing on lessons learned from PTAB cases. The information shared should not be taken as legal advice for...
USPTO Strikes Expanded Paneling Option from New PTAB Operating ProcedureUSPTO Removes Expanded Paneling...
The US Patent and Trademark Office (USPTO) has made changes to its Patent Trial and Appeal Board (PTAB) Standard Operating Procedure (SOP 1) regarding the assignment of judges to panels. The latest revision, the...
PTAB Rehearing Requests: No Need to Raise All Arguments
PTAB Rehearing Requests: Understanding the Importance of ArgumentsIn a recent case, the Federal Circuit upheld the PTAB’s decision regarding the validity of Voice Tech Corp.’s U.S. Patent No. 10,491,679, which focuses on technology for...
CAFC Upholds Validity of ‘First-Filed, First-Issued, Later Expiring Claim’
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently made a significant ruling regarding patent law. The court decided that a “first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued,...
Forgiving MTA Procedural Error in PTAB Litigation: Insights
In August 2024, Jones Day shared some insights on forgiving MTA procedural errors in PTAB litigation. It's important to note that these insights are not meant to be taken as legal advice for any...
CAFC Affirms ITC Invalidation of Sweetener Patent – Helsinn On-Sale Bar Ruling
The recent decision by the U.S. Court of Appeals for the Federal Circuit (CAFC) in Celanese International Corp. v. International Trade Commission (ITC) affirmed the ITC's ruling that Celanese's process patents were invalid due...
CAFC Affirms Dismissal of Storage Patent Infringement Case for Claims’ Failure Under 101
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently upheld a California district court's decision to dismiss a patent infringement case against Blippar.com. The case involved Mobile Acuity's patents titled "Storing Information...
CAFC Invalidates Data Transmission Patent Claim, Remands Substitute Claims for Review
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) made a decision in the case of ZyXEL Communications Corp. v. UNM Rainforest Innovations. The CAFC upheld the findings of obviousness made by...
Prosecution Laches: Impact on Continuations in Intellectual Property
Last week, the annual patent portfolio management program was held, focusing on the importance of continuations in growing and maintaining a patent portfolio for companies. While the topic of prosecution laches may seem mundane...
Mid-Year Recap: Prominent Patent Verdicts of 2021
As we approach the midpoint of 2024, it is worth reflecting on the significant patent verdicts that have captured the attention of the legal community. Over the past few years, there have been numerous...