In In re Cellect, LLC, the Federal Circuit held that obviousness-type double patenting ("ODP") for a patent that has received a patent term adjustment (PTA), whether or not a terminal disclaimer is required or has been filed, must be based on the expiration date of...
Defendant filed a motion to stay discovery while its motion to dismiss is pending. Defendant argued in its motion that it will suffer undue burden or expense if discovery is allowed to continue in this case because its pending motion to dismiss may dispose of...
On May 20, 2024, the Federal Circuit Court of Appeals affirmed the district court’s exercise of discretion to deny recovery of attorneys’ fees from a parallel IPR proceeding and from counsel under 35 U.S.C. § 285, despite finding that the case was extraordinary and...
Brumfield, Trustee for Ascent Trust v. IBG LLC, No. 2022-1630, --- F.4th ---- (Fed. Cir. Mar. 27, 2024) Trade Technologies International, Inc. (“TT”) (whose successor in interest is Harris Brumfield) sued IBG LLC for infringement of four U.S. patents in the U.S....
On February 8, 2024, the Federal Circuit Court of Appeals held that confidentiality provisions do not protect a document from being prior art if that document is intended for engagement with target audience. Weber, Inc. v. Provisur Techs., Inc., 92 F.4th 1059, 1065...
On January 18, 2024, the Federal Circuit Court of Appeals held that a party joining an already-instituted IPR is not limited to the claims and grounds challenged in the IPR where the patent owner has introduced new claims. Cywee Group Ltd., v. ZTE (USA), Inc., LG...
On October 13, 2023, the Federal Circuit vacated a judgment of invalidity based on collateral estoppel from a related case. Finjan LLC v. SonicWall, Inc., Case No. 22-1048 (Fed. Cir. Oct. 13, 2023). In that related case, a district court granted summary judgment on...
On August 11, 2023, the Federal Circuit laid out the permissible scope of a petitioner’s reply in IPR. Before the court was an appeal of PTAB’s findings of unpatentability, on remand, in IPR2016-01502 re U.S. Patent No. 6,548,019. Rembrandt Diagnostics, LP v. Alere,...
On June 10, 2023, the Federal Circuit vacated and remanded PTAB’s findings of unpatentability in IPR2020-00679 re U.S. Patent No. 8,626,314 and IPR2020-00715 re U.S. Patent No. 8,036,756 (the ’314 patent and the ’756 patent collectively as “Medtronic patents”), where...
On June 6, 2023, the Federal Circuit reversed PTAB’s judgment in IPR2020-01139 re U.S. Patent No. 8,382,186, where the Board found compelling evidence in secondary considerations to overcome an otherwise obvious prior art combination. Yita LLC v. MacNeil IP LLC, Case...