On May 18, 2023, the Supreme Court held claims of two patents owned by Amgen, Inc. to be invalid for failing to enable persons skilled in the art to practice the invention as required by 35 U.S.C. §112. Amgen, Inc., et al. v. Sanofi, et al. ___ U.S. ___, No. 21-757...
On May 2, 2023, in Volvo Penta of the America’s, LLC v. Brunswick Corp., Case No. 2022-1366 et al., Paper 15 (PTAB May 2, 2023), Director Vidal sua sponte vacated a PTAB decision denying IPR institution due to a district court finding of invalidity. ...
On March 13, 2023, in Apple, Inc., et al. v. Vidal, Case No. 2022-1249 (Fed. Cir. March 13, 2023), the Federal Circuit reversed and remanded a decision from the Northern District of California dismissing a lawsuit filed by several large technology companies for lack...
On September 28, 2022, the Federal Circuit reversed and remanded a decision from the Northern District of California granting a Rule 12 Motion to Dismiss on the basis that claims of U.S. Patent No. 9,432,452 were invalid under 35 U.S.C. § 101. Coop. Entm’t, Inc. v....
In 2021, an organization of patent owners and various patent-holding companies sued the USPTO in the Eastern District of Texas. The patent owners sought to force the USPTO Director to engage in notice-and-comment rulemaking regarding the standards for discretionary...
Patents protect intellectual property, but they are most effective when the holder is willing to defend them using litigation. It may involve jury trials, bench trials or even a subsequent appeal to the Circuit Court. The outcomes from these trials will vary from case...
Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), designated precedential in 2017, sets forth seven factors to be considered before discretionarily denying subsequent IPR petitions challenging the same patent. The PTAB...
On August 2, 2022, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022 (S. 4734) (“PERA”). Senator Tillis characterized the bill to “restore patent eligibility to important inventions across many fields.” The “fields” were said to...
On July 25, 2022, Chief Judge Orlando Garcia of the Western District of Texas effectively stripped the Waco Division of its dominance in patent cases by randomizing the judge assignment of patent cases filed in that division. Consequently, patents owners can no longer...
One of the most important steps in patent litigation is the discovery process. After you’ve discovered someone is using your patent, filed your patent complaint and received a response from the defendant, you most likely received a scheduling order from the court. A...