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Archive for the ‘Federal Circuit Decisions’ Category

Medtronic v. Bosch post-Cuozzo: PTAB continues to have the final say on inter partes review

By Nehaa Chaudhari – Edited by Grace Truong

The Court of Appeals for the Federal Circuit (“the Federal Circuit”) reaffirmed its earlier order, dismissing Medtronic’s appeal against a decision of the Patent Trial and Appeal Board (“PTAB”). The PTAB had dismissed Medtronic’s petition for inter partes review of Bosch’s patents, since Medtronic had failed to disclose all real parties in interest, as required by 35 U.S.C. §312(a)(2).

 

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Posted On Nov - 14 - 2016 Add Comments READ FULL POST

U.S. District Court Denied TC Heartland’s Writ of Mandamus to Transfer Patent Infringement Suit

 

In April 2016, the Federal Circuit denied TC Heartland LLC’s writ of mandamus. Hartland requested the court order the U.S. District Court for the District of Delaware to dismiss or transfer the patent infringement suit initiated by Kraft Foods Group Brands LLC. In rejecting Hartland’s request, the court explained that a writ of mandamus is an “extraordinary remedy appropriate only in exceptional circumstances” and Hartland did not meet this bar.

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Posted On Jul - 25 - 2016 Comments Off READ FULL POST

Federal Circuit Flash Digest

 

By Frederick Ding — Edited by Jaehwan Park

 

Patent Assertion Entity Not a “Patentee” By Itself

 

Induced Infringement Verdict Not Defeated by Defendant’s Unreasonable Belief in Noninfringement

 

Continuations Can Be Filed on Same Day as Earlier Application’s Issuance

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Posted On Jul - 15 - 2016 Comments Off READ FULL POST

Federal Circuit Grants Privilege to Clients’ Communications with non-Attorney Patent Agents

By Kevin Crenny – Edited by Stacy Ruegilin

The Court of Appeals for the Federal Circuit overcame general presumptions against finding new forms of privilege, ruling that certain communications between non-attorney patent agents and their clients may be protected against discovery. The court extended privileged status to communications that relate to “obtaining legal advice on patentability and legal services.”

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Posted On Mar - 22 - 2016 Comments Off READ FULL POST

Supreme Court Poised to Overrule Federal Circuit Again in Upcoming Patent Case

By Adi Kamdar – Edited by Travis West

The Supreme Court announced it would take up two parallel patent cases this term, Stryker Corp. v. Zimmer, Inc. and Halo Electronics, Inc. v. Pulse Electronics, Inc., regarding the Federal Circuit’s strict standard for awarding enhanced damages for willful patent infringement — a standard that does not comport with recent high court rulings. Commentators predict the Supreme Court will overrule the Federal Circuit, continuing a clear trend that materialized through the Court’s last few terms.

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Posted On Nov - 4 - 2015 Comments Off READ FULL POST
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