This case addresses requirements to correct inventorship of a patent.
Salazar v. AT&T Mobility LLC No. 21-2320 (Fed. Cir. Apr. 5, 2023)
This case addresses the construction of the articles “a” and “said” in relation to subsequently recited functions and whether “a” can be restricted to be singular in its meaning.
Continue Reading Salazar v. AT&T Mobility LLC No. 21-2320 (Fed. Cir. Apr. 5, 2023)
Yita LLC v. MacNeil IP LLC 2022-1373, 2022-1374 (Fed. Cir. June 6, 2023)
This decision addresses the PTAB’s secondary considerations analysis in an IPR Final Written Decision.
Continue Reading Yita LLC v. MacNeil IP LLC 2022-1373, 2022-1374 (Fed. Cir. June 6, 2023)
Healthier Choices Management Corp. v. Philip Morris USA, Inc. No. 22-1268 (Fed. Cir. Apr. 12, 2023)
This case addresses pleading standards in view of contradicting factual assertions and a complaint’s disavowal of statements in an exhibit.
Ironburg Inventions Ltd. v. Valve Corp. 21-2296 (Fed. Cir. Apr. 3, 2023)
This case addresses the “skilled and diligent searcher” standard used for establishing Inter Partes Review (“IPR”) estoppel (or lack thereof). In particular, this case establishes: (1) which party bears the burden of proof regarding whether a “skilled and diligent searcher” could have reasonably been expected to discover prior art such that failure to include it in an IPR petition estops the petitioner from raising it in other civil actions under 35 U.S.C. § 315(e)(2); and (2) the “skilled and diligent searcher” inquiry itself with respect to what a skilled and diligent searcher reasonably would have been expected to discover.
Continue Reading Ironburg Inventions Ltd. v. Valve Corp. 21-2296 (Fed. Cir. Apr. 3, 2023)