No Lack of Irony as FTC Brings FRAND Licensing Enforcement against Qualcomm Four Days after Declining to Address FRAND Licensing Requirements in its Revised IP Licensing Guidelines
January 19, 2017 | Article | By Michael Renaud, Robert Kidwell, Robert Moore
On January 17, 2017, the Federal Trade Commission (FTC) filed suit against Qualcomm in the U.S. District Court for the Northern District of California for allegedly monopolizing the market for CDMA and LTE baseband processor technologies.
January 17, 2017 | Blog | By Michael Renaud, William Meunier
When the Patent Trial and Appeal Board issues a final written decision finding against an IPR Petitioner, can that Petitioner necessarily appeal that adverse decision? In a case of first impression, the Federal Circuit recently answered “no.”
January 12, 2017 | Blog | By Adam Samansky, Joe Rutkowski
On Monday, January 9, 2017, the U.S. Supreme Court denied, without comment, Mylan Pharmaceuticals’ petition for certiorari to reverse an opinion by the Court of Appeals for the Federal Circuit, which affirmed a broad scope of personal jurisdiction over generic ANDA filers in patent infringement suits under the Hatch-Waxman Act.
January 12, 2017 | Blog | By Brad M Scheller
The New Year brings excitement and anticipation of changes for the best. Some of the pending patent cases provide us with ample opportunity to expect something new and, if not always very desirable to everybody, at least different.
January 9, 2017 | Blog | By Christina Sperry
As 2017 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2016. According to the many readers of Global IP Matters, hot topics included navigating the waters of patent prosecution, subject matter eligibility under § 101, and the Defend Trade Secrets Act.
January 6, 2017 | Blog | By Brad M Scheller, Anthony Faillaci, Kristina Cary
In ClassCo, Inc. v. Apple, Inc. the Federal Circuit upheld a decision from the Patent Trial and Appeal Board (“the Board”), which invalidated several claims of ClassCo’s US Patent No. 6,970,695 (“the ’695 patent”) that discussed caller ID technology that would verbally announce the name of an incoming caller before the call is connected.
December 22, 2016 | Blog | By William B. Kezer
The Federal Circuit reversed the invalidation of two patents directed to providing security for credit card purchases in an opinion released earlier today. The patents at issue, U.S. Patent Nos. 7,840,486 and 8,036,988, disclose methods for effecting secure credit-card purchases by minimizing merchant access to credit card numbers.
December 15, 2016 | Blog | By Matthew Hurley, Brad M Scheller
The plot just thickened in the long-running debate over where patent cases should be litigated.
December 7, 2016 | Advisory | By Michael Renaud, James Wodarski, Michael McNamara, Robert Moore
On November 28, 2016, Baroness Neville Rolfe, the United Kingdom Minister of State for Intellectual Property, announced that the U.K. would ratify the Unified Patent Court Agreement (UPCA), paving the way for the European Unified Patent Court (UPC).
Supreme Court Rules Against Apple in Design Patent Case with Samsung, Remands to Federal Circuit to Formulate Test for Identifying Relevant “Article of Manufacture”
December 7, 2016 | Alert | By James Wodarski, Patrick Driscoll, Matthew Karambelas
Yesterday, the Supreme Court held that the relevant “article of manufacture” for arriving at a damages award for design patent infringement need not be the end product sold to the consumer, but may be only a component of that product.
December 2, 2016 | Blog | By William Meunier, Serge Subach
The Federal Circuit has again addressed which types of patents are eligible for Covered Business Method (“CBM”) review before the Patent Trial & Appeals Board.
November 23, 2016 | Blog | By William Meunier
The America Invents Act (“AIA”) mandates that a Covered Business Method Review is available only for challenging the validity of covered business method patents.
November 21, 2016 | Blog | By Brad M Scheller, Vincent Ferraro
On November 15, 2016, a split panel of the Federal Circuit, consisting of Judges Moore and O’Malley, ruled that the antedating standard demanded by the Patent Trial and Appeal Board, requiring a “continuous exercise of reasonable diligence,” was too exacting and in conflict with Federal Circuit precedent.
November 18, 2016 | Blog | By Michael Renaud, Sandra Badin, Matthew Karambelas
Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents—the ’050 and the ’610—are directed to filtering email or file content.
Failure to Let Patent Owner Address Unpatentability Arguments Relied on by the Board Violates Administrative Procedures
November 15, 2016 | Blog | By Brad M Scheller, Vincent Ferraro
The Federal Circuit has ruled that the Patent Trial and Appeal Board cannot deny Patent Owner an opportunity to address portions of a prior art reference first discussed in Petitioner’s Reply, and then rely on those same portions to hold the claims unpatentable.
November 8, 2016 | Blog | By Michael Van Loy
On November 2, 2016 the United States Patent and Trademark Office (USPTO) issued a memo to Examiners on its stance on subject matter eligibility in response to the McRO and BASCOM Federal Circuit decisions, previously discussed at Global IP Matters.
November 2, 2016 | Blog | By Kevin Amendt
Someone stole your invention and filed for a patent on it? Derivation proceedings in the Patent Office may be an answer. The Leahy-Smith America Invents Act (AIA) amended 35 U.S.C. § 135 to replace interference proceedings with a new process called derivation proceedings.
November 1, 2016 | Blog | By Matthew Hurley, Matthew Galica, Anthony Faillaci
Several recent court decisions have shed light on the patent agent privilege, and now the U.S. Patent and Trademark Office (USPTO) is seeking to weigh-in on the issue.
ITC Institutes “Certain Silicon-on-Insulator Wafers” Investigation – Only the Fourth 100-Day Pilot Program Ordered
October 31, 2016 | Blog | By Michael Renaud, Daniel Weinger
On October 19, 2016, the ITC instituted Investigation No. 1025, based on a complaint filed on May 26, 2016, by Silicon Genesis Corporation (SiGen), against Soitec, S.A. (Soitec). As part of the institution, the ITC ordered that the ALJ issue an early initial determination regarding whether SiGen “has satisfied the economic prong of the domestic industry requirement.”
October 28, 2016 | Blog | By William Meunier
The Federal Circuit reaffirmed last week that the Patent Trial and Appeal Board’s (PTAB’s) decision to discontinue inter partes review (IPR) proceedings is not reviewable on appeal.
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