This case addresses the application of issue preclusion in relation to the validity of three patents. In particular, this case focuses on the implications of decisions made during the dismissal of pending litigations and examines whether these decisions render judgments final, justifying the application of issue preclusion to invalidate concurrently asserted patents.Continue Reading Koss Corporation v. Bose Corporation
In the rapidly changing world of innovation and intellectual property protection, understanding the landscape of existing patents is not merely beneficial – it’s a necessity. Patent searches stand as a fundamental step in the intellectual property lifecycle, providing a critical tool for inventors, companies, and legal professionals. This article delves into the significance of conducting thorough patent searches, considerations for timing these searches, and the methodologies employed. We also will explore the benefits and drawbacks of conducting searches internally at law firms versus outsourcing to specialized search firms, aiming to spark a discussion on the strategic use of patent searches.Continue Reading Clearing the Path Forward: The Critical Role of Patent Searches
This case addresses[1] the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. Specifically, this case discusses whether a party’s waiver of a doctrine-of-equivalents theory in an initial lawsuit extends to a subsequent case involving a newer iteration of the technology previously litigated.Continue Reading Precluded, Not Repeated: WARF & Apple Continue to Shape our Understanding of Issue Preclusion in Patent Law
In Ioengine, LLC v. Ingenico Inc. No. 2021-1227, 2021-1331, 2021-1332 (Fed. Cir. May 03, 2024), the case addresses the patentability/validity of three patents. In particular, this case discusses the application of the printed matter doctrine during inter partes review, the treatment of newly introduced claim constructions on appeal, and the PTAB’s anticipation and obviousness determinations.Continue Reading Interpreting the Printed Matter Doctrine in Inter Partes Review
In Malvern Panalytical Inc. v. TA Instruments-Waters LLC, the Federal Circuit addressed the proper construction of the claim term “pipette guiding mechanism.” Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence.Continue Reading Federal Circuit Vacates District Court’s Claim Construction of the Term “Pipette Guiding Mechanism”
This case addresses the validity of two patents asserted against wireless communications technologies. In particular, this case discusses claim construction and post-issuance claim amendments that broaden the scope of challenged claims.Continue Reading Sisvel International S.A. v. Sierra Wireless, Inc., No. 2022-1387, 2022-1492 (Fed. Cir. Sept 1, 2023)
This case addresses the validity of patents asserted against a high-density fiber optic equipment importer in violation of § 337. In particular, this case discusses enablement and claim construction as it relates to interpretation of open ended ranges and plural claim language.Continue Reading FS.COM INC. v. International Trade Commission Corning Optical Communications LLC – Intervenor No. 22-1228 (Fed. Cir. Apr. 20, 2023)
This case addresses obviousness under 35 U.S.C. § 103 in relation to a method of increasing prostacyclin release to reduce hypertension in a patient. In particular, this case discusses issues relating to motivation to combine, unexpected results, and objective indicia of nonobviousness.Continue Reading In re Couvaras, No. 2022-1489 (Fed. Cir. June 14, 2023)
We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023.Continue Reading 2023 Federal Circuit Case Summaries