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Conditional Offer to Abandon Claims Does Not Constitute Waiver to Assert

Conditional Offer to Abandon Claims Does Not Constitute Waiver to Assert

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...
Machine Learning to Evaluate Genetic Data Held to be Patent Ineligible

Machine Learning to Evaluate Genetic Data Held to be Patent Ineligible

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...
Secondary Considerations Unhelpful Second Time Around

Secondary Considerations Unhelpful Second Time Around

by Matthew Johnson | Mar 11, 2021 | Other News

By Zach Sharb and Matt Johnson – On February 26, 2021, the PTAB found in favor of Fox Factory, Inc. (“Fox”) on remand and cancelled the challenged claims of SRAM LLC’s (“SRAM”) U.S. Patent No. 9,182,027 (the ’027 Patent), directed towards anchoring a bicycle’s...
Wurst Case Scenario: Sausage Tray Design Patent Found Obvious

Wurst Case Scenario: Sausage Tray Design Patent Found Obvious

by John Evans, Ph.D. | Apr 27, 2020 | Design Patents, Other News

By Kerry Barrett and John Evans – Last October, the Federal Circuit reversed the PTAB’s decision that a challenged design patent was not obvious.  Campbell Soup Co. v. Gamon Plus, Inc., 939 F.3d 1335 (Fed. Cir. 2019).  We wrote about how the court applied a more...
Trial Court Denies Amendment of Contentions To Add Reexam Claims Following Successful IPR

Trial Court Denies Amendment of Contentions To Add Reexam Claims Following Successful IPR

by Gasper LaRosa | Oct 21, 2019 | Other News, Stay

By Gasper LaRosa and Stephanie M. Brooker What happens when patent claims are found unpatentable in inter partes review (“IPR”) and new claims are subsequently added to that patent through ex parte reexamination? The District Court for the Northern District of...
Jones Day’s PTAB Litigation Blog – The Story and Rationale

Jones Day’s PTAB Litigation Blog – The Story and Rationale

by Matthew Johnson | Sep 6, 2019 | Other News

Jones Day’s PTAB Litigation Blog launched August 19, 2015.  428 posts later, it has become one of the most widely recognized and read PTAB practice blogs in existence.  Jones Day partners Dave Cochran and Matt Johnson talk about the history and rationale for the...
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