Searching Content indexed under Intellectual Property by Akin Gump Strauss Hauer & Feld LLP ordered by Published Date Descending.
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Misconduct During IPR May Trigger An Award Of Attorneys' Fees In Related District Court Litigation
A magistrate judge determined that a prevailing party in a district court litigation could be entitled to an award of attorneys' fees
United States
26 Sep 2019
Federal Circuit: Statutory Disclaimer Results In No Case Or Controversy
The Federal Circuit ruled that statutory disclaimer terminates the case or controversy between the parties in an infringement suit as to those claims
United States
10 Sep 2019
No Estoppel In District Court On Prior Art That Differs Substantively—And In A Manner Germane To Invalidity—From That Asserted In IPR
A Central District of California judge has clarified his prior ruling on summary judgment that estoppel under 35 U.S.C. § 315(e)(2) that applies to certain
United States
10 Sep 2019
Judge Gilstrap Issues Standing Order Governing Subject Matter Eligibility Contentions
For nearly two decades, the Eastern District of Texas has been a hotbed of patent litigation. Even after the Supreme Court's 2017 TC Heartland decision narrowed a plaintiff's venue options
United States
30 Aug 2019
Withdrawal Of Petitioner From IPR Proceeding All But Ensures Success In Contingent Motion To Amend
On remand from the Court of Appeals for the Federal Circuit, the Patent Trial and Appeal Board granted patent owner's motion to amend on the basis that the totality of the record
United States
22 Aug 2019
IAM Publishes Rachel Elsby Article On Federal Circuit Ruling In Doctrine Of Equivalents Case
IAM has published "CAFC creates blueprint for early stage challenges to claims brought under doctrine of equivalents,"
United States
9 Aug 2019
PTAB: Informal Delivery Of Complaint Does Not Start One-Year Clock For Filing IPR
A Patent Trial and Appeal Board (PTAB or Board) panel has determined that emailing a proposed amended complaint is not "service of a complaint" under 35 U.S.C. § 315(b).
United States
8 Aug 2019
Prosecution History Estoppel Bars Amgen's Infringement Claim Under The Doctrine Of Equivalents
The Federal Circuit affirmed a district court decision barring Amgen from asserting an infringement claim under the doctrine of equivalents against Coherus Biosciences
United States
6 Aug 2019
Federal Circuit Refuses To Create Separate Exhaustion And Repair Rules For Design Patents
The Federal Circuit has ruled that neither the exhaustion nor permissible repair doctrines allow manufacture of new replacement components covered by design patents.
United States
1 Aug 2019
PTAB Finds Good Cause For Staying Ex Parte Reexamination In Light Of Parallel IPR
A panel at the Patent Trial and Appeal Board (PTAB) recently considered whether to stay an ex parte reexamination proceeding where the patent was also the subject
United States
26 Jul 2019
PTAB Must Consider Privity And Real Party-In-Interest Relationships Arising After Filing But Before Institution For Time-Bar Purposes
The Federal Circuit vacated a PTAB decision invalidating claims of U.S. Patent No. 6,212,079 (the "'079 Patent") on the grounds that the inter partes review (IPR)
United States
25 Jul 2019
Are Your Noncompete Agreements Dying Of Old Age?
Tight labor markets are leading courts and legislatures to closely scrutinize noncompetes and other restrictive covenants
United States
24 Jul 2019
Confidential Commercial Or Financial Information Is Exempt From FOIA. No Showing Of Substantial Competitive Harm Is Necessary.
The U.S. Department of Agriculture (USDA) issues participants of the Supplemental Nutrition Assistance Program (SNAP) cards—like a debit card—to buy food from participating retailers.
United States
9 Jul 2019
District Court Must Consider Joining Patent Owner Prior To Dismissal Where Licensee Lacks Substantial Rights To Bring Suit, But Possesses Article III Standing
The Federal Circuit vacated and remanded a decision by the District Court for the Northern District of California when it failed
United States
8 Jul 2019
Nearly Identical Petitions Fail Under Both Post-Grant Review And Inter Partes Review Standards
The Patent Trial and Appeal Board (PTAB) has denied a petitioner's request for inter partes review (IPR) finding that petitioner failed
United States
5 Jul 2019
PTAB: Reexamination Does Not Reset The One-Year Deadline For Filing A Petition For Inter Partes Review
The Patent Trial and Appeal Board has denied a Petitioner's request for institution of inter partes review (IPR) of claims that were added during ex parte reexamination because it found the IPR petitions were time-barred under § 315(b).
United States
19 Jun 2019
INSIGHT: Stabilizing The Software Patent Field
Section 112(f) of the U.S. Patent Act allows patentees to claim their invention as a means for performing a certain function—a method commonly employed by inventors in the software space
United States
7 Jun 2019
Continued Developments In Challenges To Customs's Enforcement Of Section 337 Exclusion Orders In Disputes Before The U.S. Court Of International Trade
At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States
United States
31 May 2019
Federal Circuit: Skepticism Of FDA Supports Finding Of Nonobviousness And Patent Eligibility Not Within Scope Of Appeal Of An IPR
The Federal Circuit has affirmed a decision by the Patent Trial and Appeal Board finding nonobvious the claims of U.S. Patent No. 7,772,209 (the "'209 Patent"), which are directed to a method of treating cancer.
United States
21 May 2019
Attorneys' Fees Award For Plaintiff's Inadequate Pre-Suit Infringement Investigation Affirmed Even Though Trial Court Never Reached Merits Of Infringement
The Federal Circuit recently upheld a district court's decision to tax a patent infringement plaintiff with its opponent's attorneys' fees based on an inadequate presuit investigation into infringement...
United States
20 May 2019
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