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District Court Declines To Order Production Of Test Results Referenced In Complaint And Initial Disclosures
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Director Vacates Decision To Institute: Investment In Parallel Proceeding Outweighed Petitioner's Sotera Stipulation
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District Court: Common Interest May Protect Communications With Third Parties From Discovery, But Not Always
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District Court Holds That Any Failure To Mark During The Damages Period Bars All Pre-Notice Damages
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PTAB Refuses To Ignore Reference Where Patent Owner Fails To Overcome Prima Facie Evidence Of 'Different Inventive Entity'
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Federal Circuit Vacates And Remands District Court's Fee Award Due To Consideration Of Irrelevant 'Red Flags'
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PTAB May Not Discretionarily Deny Institution Where Different Petitioners Do Not Share A 'Significant Relationship'
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PTAB: Patent Drawings Without Precise Measurements May Be Relied Upon As Prior Art, But Only For What They Clearly Show
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14 Aug 2024
Federal Circuit: First-Filed, First-Issued Patent Sets The Term For Obviousness-Type Double Patenting Analysis Even When Granted PTA
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Delay In Correcting Disclosure Of Real Parties-In-Interest Not Procedurally Fatal To IPR Petition
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Make No Mistake: Patentee Held To Terminal Disclaimer That Referenced A Patent Incorrectly Identified By The Patent Office
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28 Jun 2024
Federal Circuit: Reverses Motion To Dismiss—Generic Manufacturer's Label Combined With Its Expansive Public Statements Plausibly Induced Infringement
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31 May 2024
Federal Circuit: Debtor-Plaintiff Has Standing To Assert Patent Despite Granting An Option To License, Assign And Enforce In A Loan Agreement
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15 May 2024
Noninfringement Defense Based On Prior Commercial Use Under 35 U.S.C. § 273 Must Be Timely And Expressly Pleaded