The Federal Circuit recently held that the written description requirement extends to the limiting preamble of a Jepson claim. In In re Xencor, Inc., Appel No. 2024-1870 (Fed. Cir. Mar. 13, 2025), the court affirmed the PTO’s written description rejections of a claim...
Proving anticipation or obviousness often entails aligning disclosure in the prior art with the elements of the challenged claim. However, when the claim includes a negative limitation, the task may be more complicated. References often positively describe devices,...
On February 7, 2025, Shanghai Jinko Green Energy Enterprise Management Company, Limited and Zhejiang Jinko Solar Company (collectively “Jinko”) sued Waaree Solar Americas Incorporated and Waaree Energies Limited (collectively “Waaree”), alleging Waaree’s “solar...
Question: Whether a prior final written decision of a Patent Trial and Appeal Board on the unpatentability of certain claims provides collateral estoppel to a district court in deciding the patentability of different but similar claims if the differences between the...
On September 9, 2024, Ningde Amperex Technology Limited (“Amperex”) sued Zhuhai CosMX Battery Company, Limited (“CosMX”) in the United States District Court for the Eastern District of Texas. Ningde Amperex Tech. Ltd. v. Zhuhai CosMX Battery Co., Ltd., Case No....
In DDR Holdings, LLC v. Priceline.com LLC and Booking.com B.V., Case Nos. 23-1176, -1177 (Fed. Cir. Dec. 9, 2024), the Federal Circuit affirmed a district court’s judgment of noninfringement, finding that deleting a portion of a definition between a provisional...
The Federal Circuit recently clarified the test for infringement of a system claim when the elements of the system are held by more than one entity. In CloudofChange, LLC v. NCR Corporation, Appeal No. 2023-1111 (Fed. Cir. Dec. 18, 2024) the Court held that not all...
On November 26, 2024, Shenzhen Jinliheng E-Commerce Company, Limited (“Jinliheng”) sued Guangdong Miyear Mgxon Power System Company, Limited (“Mgxon”) in the United States District Court for the Northern District of California, alleging infringement of U.S. Patent No....
On November 8, 2024, Tesla, Inc. (“Tesla”) petitioned for inter partes review (“IPR”) of U.S. Patent No. 11,631,987 (“the ’987 patent”). Tesla Inc. v. Charge Fusion Techs., LLC, IPR2025-00153, Paper 1 (Nov. 8, 2024). The owner of the ’987 patent is Charge Fusion...
On November 21, 2023, SK nexilis Co., Ltd. (“SKn”) sued Solus Advanced Materials Co., Ltd. (“Solus”) and various Volta Energy Solutions entities in the United States District Court for the Eastern District of Texas. SK nexilis Co., Ltd. v. Solus Advanced Materials...