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Patterns of Vexatious Litigation Are a Relevant Consideration in Awarding Attorney's Fees in Patent Infringement Cases

ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the Southern District of...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK adidas AG v. Nike, Inc., Appeal Nos. 2019-1787, -1788 (Fed. Cir. June 25, 2020) This week’s case of the week deals with issues relating to obviousness and...

No Specific Threat of Infringement Litigation Needed to Establish Standing for IPR Appeal

ADIDAS AG v. NIKE, INC. Before Moore, Taranto, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary:  A patent challenger can establish standing to appeal a...

A large biotech company will maintain patent protection on one of its key products for the next several years following a federal court’s ruling that a... Read More »
House and Senate Judiciary Committees Alerted to “Significant and Rapidly Growing Problem” Earlier this month, a coalition of stakeholder... Read More »
ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the... Read More »
Before the Supreme Court of the United States. On Writ of Certiorari from the United States Court of Appeals for the Fourth Circuit. Summary: A term styled... Read More »
CASE OF THE WEEK adidas AG v. Nike, Inc., Appeal Nos. 2019-1787, -1788 (Fed. Cir. June 25, 2020) This week’s case of the week deals with issues relating ... Read More »
B/E AEROSPACE, INC. v. C&D ZODIAC, INC. Before Lourie, Reyna, and Hughes.  Appeal from the Patent Trial and Appeal Board. Summary:  Common sense ... Read More »
SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN'S GROUP Before Lourie, Moore, and O’Malley.  Appeal from the Patent Trial and Appeal Board... Read More »
ADIDAS AG v. NIKE, INC. Before Moore, Taranto, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary:  A patent challenger can establish ... Read More »
In November 2019, the China National Intellectual Property Agency (CNIPA) issued new patent examination guidelines for applying China’s “inventive... Read More »
I’ve recently hosted two webinars on patent classification, taking a look at how contractors for the U.S. Patent and Trademark Office (USPTO) determine where to... Read More »
On June 16, the USPTO published a final rule in the Federal Register revising the rules of practice regarding patent term adjustments in light of the U.S. Court of... Read More »
A design patent protects the visual ornamental characteristics of an article, including consumer and industrial products, medical devices and related tools, sports... Read More »
The disclosure requirements that will meet the written description requirement of s. 112(1) had a fairly mundane priority policing role prior to the expansion of the... Read More »
The United States Patent and Trademark Office (USPTO) has again exercised its authority under the Coronavirus Aid, Relief, and Economic Security Act to grant patent... Read More »
In Re Personal Web Technologies LLC Before Wallach, Bryson, and Taranto.  Appeal from the United States District Court for the Northern District of... Read More »
Board Acknowledges Slipping WDTX Trial Date Some weeks back I highlighted the institution decision in Sand Revolution II LLC., v. Continental Inter Modal Group... Read More »
CASE OF THE WEEK Munchkin, Inc. v. Luv N’ Care, Ltd., Appeal No. 2019-1454 (Fed. Cir. June 8, 2020) In its only precedential patent opinion issued this... Read More »
The first half of 2020 has brought so much upheaval and disruption that it is almost hard to contemplate. In the future, there will be entire treatises and... Read More »
Google has countersued Sonos for patent infringement, following Sonos originally filing a patent lawsuit against Google in January. The lawsuit alleges that Sonos is... Read More »
COVID-19-related web applications have been popping up from the very start of the pandemic, and many, including Apple and others, have stepped up to contribute to the ... Read More »
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