Standing to appeal an IPR is deprived by an agreement of non-infringement Who is entitled to appeal an IPR decision? That is a recurring question in IPR jurisprudence. This still relatively-new process created by the American Invents Act has been found by the U.S. Patent and Trademark Office to allow "[a] person who is not [...]
For our weekly SoCal IP Institute meeting on Monday, April 4, 2016, we will discuss the following cases: Clearcorrect Operating LLC et al. v. ITC (Fed. Cir. March 31, 2016) (available here) (en banc petition denied). On petition for rehearing en banc, the Federal Circuit denied rehearing of the prior opinion in which a three-judge panel [...]
We will be discussing two Federal Circuit cases during our weekly SoCal IP Institute meeting on Monday, November 26, 2012. Brief synopses are presented below. Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc., Case No. 2011-1555 (Fed. Cir. November 15, 2012) (attached). This case involves a patent for offshore drilling technology that allows [...]
We will be discussing one Federal Circuit case and one Ninth Circuit case during our weekly SoCal IP Institute meeting on Monday, May 21, 2012. Brief synopses are presented below. In re Montgomery, Case No. 2011-1376 (Fed. Cir. May 8, 2012) (attached). The examiner rejected appellant's claims in a patent application towards a method for [...]
We will be discussing two recent Federal Circuit cases during our weekly SoCal IP Institute meeting on Monday, January 30, 2012. Brief synopses are presented below. Benedict v. Super Bakery, Case No. 2011-1131 (Fed. Cir. Dec. 28, 2011) (attached). Mr. Benedict, appearing pro se in a cancellation proceeding, appealed the decision of the Trademark Trial [...]
We will be discussing one case involving prior invention and another involving standing to bring a patent case during our weekly SoCal IP Institute meeting on Monday, December 5, 2011. Brief synopses are presented below. Teva Pharma. Indus. Ltd. v. Astrazeneca Pharma. LP, Case No. 2011-1091 (Fed. Cir. Dec. 1, 2011) (attached). Teva sued Astrazeneca [...]