Supreme Court Petition Highlights Split at Federal Circuit Concerning Role of the Specification in Claim Construction

November, 15th, 2018

By Patrick D. Duplessis In a petition filed this month with the U.S. Supreme Court, patent owner Cave Consulting Group (CCGroup) draws attention to a persistent split at the Federal Circuit concerning foundational claim construction [Read More…]

Out with BRI and In with Phillips: USPTO Adopts Federal Circuit’s Claim Construction Standard for PTAB Proceedings

October, 18th, 2018

By Victor Lin On October 11, 2018, the USPTO officially changed the claim construction standard used by the Patent and Trial and Appeal Board (PTAB) for interpreting claims in post-grant patentability challenges.  The PTAB will [Read More…]

WHIPgroup Files Patent Infringement Lawsuit

October, 16th, 2018

WHIPgroup filed a patent infringement lawsuit against Stryker Corporation and Stryker Communications, Inc. on behalf of its client Karl Storz Endoscopy-America, Inc. in the Northern District of California. KSEA asserts that three patents, one directed [Read More…]

Real Parties at the PTAB – Don’t Leave Anyone Off the Guest List

October, 9th, 2018

By Benjamin N. Luehrs In a recent decision, the Federal Circuit Court of Appeals (“the CAFC”) reinvigorated the definition of “real party in interest” (hereinafter “RPI”) as found in the Patent Act, 35 U.S.C. §§  [Read More…]

BU v. Everlight: A Lesson in Enablement

October, 2nd, 2018

By Georgi Korobanov Recently the Court of Appeals for the Federal Circuit reversed a lower court’s denial of a motion for judgment as a matter of law that challenged the validity of asserted U.S. Patent [Read More…]

Patent Venue’s “Home Sweet Home” Jurisprudence

September, 11th, 2018

By Christopher Stankus Most corporations know by now that in May 2017, the Supreme Court drastically changed venue law for patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. It is not [Read More…]

RegenLab Overcomes Motion to Dismiss and Advances Venue Law in Favor of Patent Owners

August, 28th, 2018

RegenLab USA is the owner of US Patent 8,529,957 (’957 patent), which is directed to the use of a medical separator system for the preparation of platelet rich plasma. RegenLab brought suit for patent infringement [Read More…]

The Shrinking Menu of Options for Venue: Where to Sue for Patent Infringement

August, 21st, 2018

By Andrew P. Siuta and Andrew E. Kerrick An important strategic decision at the outset of every patent infringement suit is where to file. Rules of the district, its familiarity with patent disputes, the efficiency [Read More…]

THE BREXIT EXIT: The Details are Starting to Unfold for IP Rights Holders

August, 14th, 2018

By Christina L. Winsor Since the announcement that the UK was leaving the EU, there has been big questions as whether trademark owners holding registrations in the EU would still be protected in the UK [Read More…]

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