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CAFC: Nearly Identical Reference is Prior Art

CAFC: Nearly Identical Reference is Prior Art

by Albert Liou | Sep 17, 2021 | Federal Circuit, Federal Circuit Appeal, Prior Art Issues

By Albert Liou – In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that is not often...
No Soup for You! Partial Display Design Patent Found Obvious

No Soup for You! Partial Display Design Patent Found Obvious

by John Evans, Ph.D. | Sep 3, 2021 | Design Patents, Federal Circuit

By Kerry Barrett and John Evans – As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc.  But to be persuasive, a nexus must exist...
Judge Dyk Says Arthrex Remedy is Unnecessary

Judge Dyk Says Arthrex Remedy is Unnecessary

by Matthew Johnson | Nov 11, 2019 | Federal Circuit, PTAB News

By Nate Andrews and Matt Johnson Judge Dyk and Judge Newman disagree with the Arthrex remedy requiring rehearing.  In Arthrex, the Federal Circuit panel of Judges Moore, Reyna, and Chen held the appointment of Administrative Patent Judges (APJs) was an...
New Theories Not Permitted In IPR Reply Brief

New Theories Not Permitted In IPR Reply Brief

by Kenneth Luchesi | Oct 10, 2019 | Federal Circuit

By Kenny Luchesi In Henny Penny Corp. v. Frymaster L.L.C., No. IPR2016-01435, (P.T.A.B. Mar. 16, 2017), the petitioner (HPC) challenged certain claims of U.S. Patent No. 8,497,691, owned by HPC’s competitor, Frymaster. The ’691 patent relates to deep fryers, and is...
Patent Owner in Standard-Essential Patent Pool Has Standing to Appeal

Patent Owner in Standard-Essential Patent Pool Has Standing to Appeal

by Matthew Johnson | Aug 1, 2019 | Federal Circuit, Prior Art Issues, Standing

By Elizabeth Dengler,* Mike Lavine, Jihong Lou, Matthew Johnson Samsung Electronics Co., Ltd. (“Samsung”) petitioned for inter partes review (“IPR”) of U.S. Patent No. 8,917,772 (“the ‘772 Patent”), which is owned by Infobridge and is directed to encoding and decoding...
Supreme Court Will Decide Whether “All the Expenses” Includes “Attorneys’ Fees”

Supreme Court Will Decide Whether “All the Expenses” Includes “Attorneys’ Fees”

by Greg Castanias | Mar 6, 2019 | Federal Circuit, PTAB News

By Gregory A. Castanias, Daniel Kazhdan, and Jihong Lou As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.