The USPTO Director has now issued a consistent and growing body of decisions making clear that inter partes review petitioners who advance different claim construction positions before the PTAB and in co-pending district court litigation do so at their peril. Over the...
The Federal Circuit recently found that a district court abused its discretion when it struck portions of a patentee’s expert infringement report as allegedly including an infringement theory absent from the plaintiff’s contentions. The district court found that the...
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,...
Petitioners often seek to challenge claims applying the same claim scope under which the Patent Owner is prosecuting a parallel infringement action. However, two recent decisions from the PTAB highlight the risk that a Petitioner takes when it proffers—but fails to...
A district court in Missouri is the latest U.S. court to reject a party’s effort to resist discovery on the basis that a foreign law allegedly prohibits the requested disclosure. In Nidec Motor Corp. v. Broad Ocean Motor, LLC, Case No. 4:13-cv-1895, 2024 WL 4332057...