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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Cap Export, LLC v. Zinus, Inc., Appeal No. 2020-2087 (Fed. Cir. May 5, 2021) The Federal Circuit issued a single precedential patent case this week. The district...

Court Grants Relief From Judgment After Witness Lies About the Bed of Its Own Making

CAP EXPORT, LLC v. ZINUS, INC. Before Dyk, Bryson, and Hughes.  Appeal from the United States District Court for the Central District of California. Summary: A judgment and...

Are Continuation Patents Still Viable After a Parent is Cancelled? Patent families are formed of multiple continuation/divisional filings stemming from the same... Read More »
Joinder Estoppel Revisited A few weeks back, the federal Circuit handed down a decision in Uniloc 2017 LLC v. Facebook Inc, capping off a complicated procedural... Read More »
CASE OF THE WEEK In Re: Board of Trustees of the Leland Stanford Junior University, Appeal No. 2020-1288 (Fed. Cir. Mar. 25, 2021) The Federal Circuit issued... Read More »
IN RE: BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY Before Prost, Lourie, and Reyna.  Appeal from the Patent Trial and Appeal Board... Read More »
On February 26, 2021, Judge James Donato of the U.S. District Court for the Northern District of California granted final approval of a proposed $650 million... Read More »
APA Challenge Strikes a Chord I’ve read a number of articles over the past few days that argue since the mandamus on Fintiv failed in Mylan Laboratories... Read More »
Tomorrow we are releasing our second annual ITC Intelligence Report. This popular report, reviews 335 ITC investigations filed between January 1, 2015 and December... Read More »
DEPUY SYNTHES PRODUCTS, INC. v. VETERINARY ORTHOPEDIC IMPLANT, INC. Before Prost, Clevenger, and Dyk.  Appeal from the Middle District of Florida. ... Read More »
CASE OF THE WEEK Uniloc 2017 LLC v. Facebook Inc., Appeal Nos. 2019-1688, -1689 (Fed. Cir. Mar. 9, 2021) In this week’s Case of the Week, Uniloc... Read More »
MYLAN LABS. LTD. v. JANSSEN PHARMACEUTICA, N.V. Before Newman, Moore, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: The Federal... Read More »
Defendants in US civil suits have sought to withhold discoverable material because of privacy concerns based on foreign laws, such as the GDPR. Almost all cases on... Read More »
In Re THE BOARD OF TRUSTEES Before Prost, Lourie, and Reyna.  Appeal from the Patent Trial and Appeal Board. Summary: A claim directed to an innovative... Read More »
UNILOC 2017 LLC v. FACEBOOK INC. Before Lourie, Wallach, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary:  35 U.S.C. § 314(d) ... Read More »
EDGEWELL PERS. CARE BRANDS, LLC v. MUNCHKIN, INC.               Before Newman, Moore, and Hughes.  Appeal from the... Read More »
Amicus Briefing May Help Get SCOTUS Attention on Growing 101 Morass In one of the more closely-watched cases involving patent eligibility, American Axle v... Read More »
Virginia just became the second state to pass a comprehensive privacy law, the Consumer Data Protection Act (“CDPA”). Business and privacy professionals... Read More »
CASE OF THE WEEK Rain Computing, Inc. v. Samsung Electronics America, Inc., Appeal Nos. 2020-1646, -1656 (Fed. Cir. Mar. 2, 2021) Our Case of the Week focuses ... Read More »
BAYER HEALTHCARE LLC v. BAXALTA INC. Before Newman, Linn, and Stoll. Appeal from the District of Delaware. Summary: In upholding a $173 million dollar award... Read More »
RAIN COMPUTING, INC. v. SAMSUNG ELECTRONICS CO. LTD. Before Lourie, Dyk, and Moore. Appeal from the United States District Court for the District of... Read More »
The $2.2B makes this the 2nd biggest patent award. Intel Corporation lost the patent trial to VLSI Technology LLC. The battle was between Morgan Chu of Irell &... Read More »
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