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PTAB Decisions & Issue Preclusion

What is “Materially Identical?” The doctrine of issue preclusion can prevent an issue previously litigated at the PTAB from being re-litigated in a later proceeding, such...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Chemours Company FC, LLC v. Daikin Industries, Ltd., Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) In this week’s Case of the Week, the Federal...

It’s been more than a week that the 2020 Summer Olympics, officially the Games of the XXXII Olympiad and branded as Tokyo 2020 begun. But we are in... Read More »
Under US law, practically everything can be registered as a trademark, as the protection only applies in a particular context. The primary restriction is that ... Read More »
What is “Materially Identical?” The doctrine of issue preclusion can prevent an issue previously litigated at the PTAB from being re-litigated in a... Read More »
CASE OF THE WEEK Chemours Company FC, LLC v. Daikin Industries, Ltd., Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) In this week’s Case of the... Read More »
One of the basic principles of the Berne Convention is that of “automatic protection”, which means that copyright protection exists automatically... Read More »
Arthrex Information Updated The USPTO requested feedback on the interim Director review process and, in response to that feedback, has updated the Arthrex... Read More »
CASE OF THE WEEK BOT M8 LLC v. Sony Corporation, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021) In this week’s Case of the Week, the Federal Circuit... Read More »
Pursuing Different Constructions Before the PTAB & Court? Since the PTAB started applying the Philips standard for claim construction, petitioners have put a... Read More »
The European Commission (“EC”) has long sought to improve data privacy for Europeans, even when they interact with global or non-European companies.  ... Read More »
BOT M8 LLC v. SONY CORPORATION OF AMERICA Before Dyk, Linn, and O’Malley.  Appeal from the United States District Court for the Northern District of... Read More »
The European Commission (“EC”) has long sought to improve data privacy for Europeans, even when they interact with global or non-European companies.  ... Read More »
Written by: Tom Cowan The U.S. Patent and Trademark Office (USPTO) allows a patent applicant to pay reduced fees if it qualifies as a “small... Read More »
Patent litigation remained strong in the second quarter of 2021. District court litigation, in particular, increased 11% in Q2 compared to Q1. Inter-Partes Review... Read More »
CASE OF THE WEEK In re: Samsung Electronics Co., Ltd., et al., Appeal Nos. 2021-139, -140 (Fed. Cir. June 30, 2021) In this week’s Case of the Week, the ... Read More »
MINERVA SURGICAL, INC. v. HOLOGIC, INC., et al. Supreme Court of the United States.  Opinion of the Court written by Justice Kagan.  Justice Alito filed ... Read More »
Back in March we published our second annual ITC Intelligence Report. This week we are going to cover some of the leading ITC firms in 2021 as evaluated in our annual ... Read More »
IN RE: SAMSUNG ELECS., CO., LTD. Before Lourie, Dyk, and Reyna.  On Petitions for Writs of Mandamus to the U.S. District Court for the Western District of... Read More »
NEW SUPREME COURT RULING Minerva Surgical, Inc. v. Hologic, Inc., et al, No. 20-440 (S. Ct. June 29, 2021) The Supreme Court issued a decision today upholding ... Read More »
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. ALSTON Before the United States Supreme Court; Opinion by Justice Gorsuch; Concurring Opinion by Justice Kavanaugh; On ... Read More »
U.S. v. Arthrex, Inc. Before the United States Supreme Court.  Majority opinion by Chief Justice Roberts.  On writ of certiorari to the United States... Read More »
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