Mondaq USA: Litigation, Mediation & Arbitration > Trials & Appeals & Compensation
Jones Day
In Microsoft Corp. v. Biscotti, Inc., Nos. 2016-2080, -2082, -2083, 2017 WL 6613262 (Fed. Cir. Dec. 28, 2017)...
Ropes & Gray LLP
The Patent Trial & Appeal Board (PTAB) has designated the following decisions, which involve 35 U.S.C. § 315(b), as informative.
Foster Pepper PLLC
In Eggleston v. Asotin County, No. 34340-5-III, 2017 WL 6388976 (December 14, 2017), Division Three upheld the trial court's decisions, holding that (1) an email between a contractor...
Shearman & Sterling LLP
Last year saw two major Lanham Act cases in the entertainment industry: Incarcerated Entm't, LLC v. Warner Bros. Pictures, 261 F. Supp. 3d 1220 (M.D. Fla. 2017) ...
Shearman & Sterling LLP
On January 8, 2018, in Wi-Fi One, LLC v. Broadcom Corp., the Federal Circuit rendered an en banc decision holding that the PTAB's determination that a petition for inter partes review ...
Reed Smith
Our only other encounter with Kentucky FDCA-based negligence per se claims involved a misbegotten case that held such a claim wasn't preempted, but didn't address the claim's viability under state law.
WilmerHale
Resealing further hampers the ability of defendants to mount an effective defense as it delays their ability to know the precise charges and evidence against them.
Carlton Fields
Week of January 8 - 12, 2018
McDermott Will & Emery
On appeal, the Fifth Circuit examined whether Wilford waived the preemption argument by failing to plead the affirmative defense.
Proskauer Rose LLP
Earlier this week, the Federal Circuit issued an en banc opinion in Wi-Fi One v. Broadcom that holds the PTAB's determinations of whether an IPR petition was timely filed under 35 U.S.C. § 315(b) are appealable.
Jones Day
The U.S. Court of Appeals for the Second Circuit, in a recent decision in Coyne v. Amgen, Inc., 17-1522-cv, added to the growing body of case law enforcing the False Claims Act's ("FCA")...
Morgan Lewis
The Federal Circuit recently reversed course and expanded judicial review of PTAB institution decisions to include time-bar determinations...
McDermott Will & Emery
In November 2017, the Patent Trial and Appeal Board issued Standard Operating Procedure 9, explaining the procedures it will use to address remands from the US Court of Appeals for the Federal Circuit.
Sheppard Mullin Richter & Hampton
Admiral Insurance Company v. Superior Court of San Diego County, 18 Cal.App.5th 383 (2017); Fourth Appellate District Court of Appeal, Division One, Case No. D072267 (December 12, 2017).
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The inter partes review (IPR) ‘‘estoppel'' rule, 35 U.S.C. § 315(e), bars a petitioner in an IPR from challenging a patent claim in a proceeding before the Patent Trial and Appeal Board (PTAB) ...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The inter partes review procedure includes an estoppel provision that prohibits an IPR petitioner from later raising before the U.S. Patent and Trademark Office ...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Through December 15, 2017, the Federal Circuit decided 289 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 216 ...
Wolf, Greenfield & Sacks, P.C.
Expert testimony is a feature of most IPRs, and effective expert testimony can make or break a party's position.
Brooks Kushman
In an en banc decision, the U.S. Court of Appeals for the Federal Circuit ruled that the appeals court may review the Patent Trial and Appeal Board's determination, in connection with a decision to institute...
Jones Day
In yesterday's en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review ...
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Ropes & Gray LLP
Scott McKeown, Ropes & Gray IP litigation partner and chair of the firm's Patent Trial and Appeal Board (PTAB) group, discusses potential impacts of pending Supreme Court PTAB cases...
Proskauer Rose LLP
Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016...
RPX Corporation
F2VS Technologies, Inc. has added two cases to the campaign that it began this past June, suing Acuity Brands (Acuity Brands Lighting) (1:17-cv-04774) and Daintree Networks (1:17-cv-01713).
Ropes & Gray LLP
Patent prosecutors navigate complex USPTO rules and seemingly esoteric examinational requirements to procure patent rights.
Reed Smith
And make no mistake about it, there's plenty to celebrate this year.
RPX Corporation
Computer Protection IP, LLC (CPIP) has filed its first affirmative lawsuit, accusing New Dream Network (DreamHost) (2:17-cv-08858) of infringing a single server security patent.
RPX Corporation
A patent infringement suit brought against Google by Personal Audio, LLC has been transferred from the Eastern District of Texas (1:15-cv-00350) to the District of Delaware (1:17-cv-01751) due to improper venue.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Succeeding in obtaining a ruling in an inter partes review petition at the Patent Trial and Appeal Board that issued patent claims are unpatentable, may not be enough to modify ...
Arnold & Porter Kaye Scholer LLP
The Court nonetheless reversed the refusal to register "FUCT."
Akin Gump Strauss Hauer & Feld LLP
The Federal Circuit held that the "immoral or scandalous" clause of Lanham Act § 2(a), which prohibits registration of a trademark that "consists of or comprises immoral or scandalous matter," ...
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