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Promises Made, Promises Not Kept: Even an Implied License Requires Compliance With Its Terms

BITMANAGEMENT SOFTWARE GMBH v. UNITED STATES Before NEWMAN, DYK, and O’MALLEY, Circuit Judges.  Appeal from the United States Court of Federal Claims. Summary: The U.S...

Collateral Estoppel in AIA Trial Proceedings

Inconsistency Across Related Cases is Precluded When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of...

Patexia Insight 100: Patents Down in 2020 and the downtrend May Continue

Last year we wrote about the impact of the pandemic on the US patent activity and the patent prosecution practice (Patexia Insight 79). We estimated a drop of 2 to 4 percent in the...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) Our Case of the Week this week focuses on ...

Following its “Brexit” from the EU on January 31, 2020, the UK had until December 31, 2020 to bring its data privacy laws into compliance with the General ... Read More »
M & K HOLDINGS, INC. v. SAMSUNG ELECTRONICS CO., LTD. Before Moore, Bryson, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary... Read More »
A few weeks ago, we reported the IP activity in 2020 (Patexia Insight 96). District Court, PTAB and ITC Section 337 litigation were all up significantly last year. As ... Read More »
Agency Left to Defend Unsettled Legacy Upon taking the reins at the USPTO, Director Iancu made clear that he believed the Patent Trial & Appeal Board (PTAB)... Read More »
The first panel decision below can be found at 952 F . 3d 1367 (Fed. Cir. 2020). I posted on this decision on June 1, 2020, days before the Fed. Cir. issued a... Read More »
2020 Pandemic brought so many changes to our life styles. Some speculate that the huge rise in patent litigation was due to COVID-19. While pandemic might have had... Read More »
Litigators Amending Claims? Patent prosecution bars are prophylactic provisions typically included in district court protective orders when there is a risk that a ... Read More »
On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D, an amendment to New York’s right of publicity law to provide... Read More »
QUIKTRIP WEST, INC. V. WEIGEL STORES, INC. Before Lourie, O’Malley, and Reyna.  Appeal from the Trademark Trial and Appeal Board. Summary... Read More »
SIMO HOLDINGS INC. v. HONG KONG UCLOUDLINK NETWORK Before O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Southern... Read More »
ABS GLOBAL, INC. V. CYTONOME/ST, LLC Before Prost, Moore, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary:  A patent owner may... Read More »
CASE OF THE WEEK General Electric Co. v. Raytheon Techs. Corp., Appeal No. 2019-1319 (Fed. Cir. Dec. 23, 2020) In one of two precedential opinions this week... Read More »
As countries around the world begin administering COVID-19 vaccines, many institutions, both governmental and private, are considering the possibility of requiring... Read More »
Royal Philips NV acquired BioTelemetry, Inc. for $2.8 billion US dollars. Headquartered in Malvern, Pennsylvania, BioTelemetry provides cardiac... Read More »
Another Day, Another 314(a) Discussion On the heels of its precedent of a week or so back, the PTAB is adding more to the swirling hairball known as the... Read More »
CASE OF THE WEEK SiOnyx LLC et al. v. Hamamatsu Photonics K.K. et al., Appeal Nos. 2019-2359, -1217 (Fed. Cir. Dec. 7, 2020) In the only precedential patent... Read More »
In July 2020 the Court of Justice the European Union’s (CJEU) Schrems II decision declared the EU-US Privacy Shield Protections inadequate for the protection of ... Read More »
POP to Decide Further Extension of 314(a)? A year or so back, I discussed a 314(a) dispute at the Patent Trial & Appeal Board (PTAB) where the Board... Read More »
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SIONYX LLC v. HAMAMATSU PHOTONICS K.K. Before Lourie, Reyna, and Wallach.  Appeal from the U.S. District Court for the District of Massachusetts... Read More »
On November 17, 2020, the Canadian House of Commons introduced the Digital Charter Implementation Act, 2020 (“DCIA”), which includes the Consumer Privacy... Read More »
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