by Carl Kukkonen | Apr 5, 2021 | Federal Circuit Appeal, Other News
By Phillip Shelton* and Carl Kukkonen – According to a recent district court opinion, a party may waive its right to assert infringement on claims that it voluntarily agrees to give up (e.g., by abandoning the claims). Such a waiver will be enforced as an...
by Carl Kukkonen | Mar 30, 2021 | Other News
By Carl Kukkonen and Stephanie M. Mishaga – The Federal Circuit recently affirmed a Patent Trial and Appeal Board (PTAB) finding that certain claims related to genetic inheritance data analysis are patent ineligible. The claims at issue sought to protect...
by Carl Kukkonen | Dec 29, 2020 | Real Party in Interest
By Chris Hodge* and Carl Kukkonen – In a recently designated precedential decision, the Patent Trials and Appeals Board (“PTAB”) considered challenges to claims covering autonomous robotic cleaning devices. SharkNinja Operating LLC v. iRobot Corp.,...
by Carl Kukkonen | Nov 16, 2020 | PTAB News
By Carl Kukkonen – A recent case in the Northern District of Illinois addressed the issue of collateral estoppel in connection with patents that were similar to those previously cancelled by the PTAB: In Think Prods., Inc. v. Acco Brands Corp., No....
by Carl Kukkonen | Nov 6, 2020 | Prior Art Issues
By Carl Kukkonen – On August 18, 2020, the USPTO issued guidance regarding the reliance on Applicant Admitted prior art (AAPA). Under 35 U.S.C. § 311(b), IPRs may be instituted only “on the basis of prior art consisting of patents or printed...
