Jason Weil

Federal Circuit: PTAB Decision Of Invalidity Cannot Estop District Court Litigation On Different Claims From The Same Patent, Even When The Claims Are Patentably Indistinct

District Court: Common Interest May Protect Communications With Third Parties From Discovery, But Not Always

Federal Circuit: Private Sale By Inventor Does Not Trigger Prior Art Exception Under The AIA

Federal Circuit: Written Description And Enablement Depend On What A Patent 'Claims,' Not What The Claims Cover

District Court Holds That Any Failure To Mark During The Damages Period Bars All Pre-Notice Damages

PTAB Refuses To Ignore Reference Where Patent Owner Fails To Overcome Prima Facie Evidence Of 'Different Inventive Entity'

Federal Circuit Vacates And Remands District Court's Fee Award Due To Consideration Of Irrelevant 'Red Flags'

PTAB May Not Discretionarily Deny Institution Where Different Petitioners Do Not Share A 'Significant Relationship'

PTAB: Patent Drawings Without Precise Measurements May Be Relied Upon As Prior Art, But Only For What They Clearly Show

Federal Circuit: First-Filed, First-Issued Patent Sets The Term For Obviousness-Type Double Patenting Analysis Even When Granted PTA