On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v. Fox Corp., No. 23-2437 (Fed. Cir. Apr....
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PTAB Recalibrates Review: New Discretionary Denial Framework and Pre-Institution Reform
In less than a month, the United States Patent and Trademark Office (“USPTO”) has dramatically reformed its policies and procedures for exercising its discretion to deny institution of AIA post-grant proceedings. Rescission of June 2022 Memorandum on Interim Procedure...
Differing Burdens of Proof Limits Estoppel Effect of PTAB Final Written Decision
On February 10, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Kroy IP Holdings, LLC v. Groupon, Inc., reversing and remanding a district court ruling that had dismissed Kroy’s patent infringement claims based on collateral...
Published but not Public? Federal Circuit Confirms Published Patent Applications Count as Prior Art from Filing Date in IPRs.
On January 14, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Lynk Labs, Inc. v. Samsung Electronics Co., No. 23-2346 (Fed. Cir. Jan. 14, 2025), addressing whether a published patent application can serve as prior...
Federal Circuit Weighs the Need for Claim Construction at the Rule 12 Stage
On October 18, 2024, the Federal Circuit issued its opinion in UTTO Inc. v. Metrotech Corp., No. 2023-1435, 2024 U.S. App. LEXIS 26340, (Fed. Cir. Oct. 18, 2024) addressing the propriety of conducting claim construction at the Rule 12 stage. UTTO alleged that...
Generalized Testimony Falls Short in Doctrine of Equivalents Analysis
On October 24, 2024, the United States Court of Appeals for the Federal Circuit issued a ruling in Nexstep, Inc. v. Comcast Cable Communications, LLC, affirming the District Court for the District of Delaware’s judgment of non-infringement regarding two patents held...
The Hidden Hurdles Of Section 101 Eligibility Determinations
On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against Blippar on the basis that the two...
Common Patent Litigation Defenses Insufficient To Justify Award Of Attorneys’ Fees
In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and remanded an award of attorneys’ fees to the...
Intrinsic Record Paramount In Rule 12 Eligibility Determinations
In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under 35 U.S.C. § 101. This case provides...
Supreme Court Uses Enablement To Curb Broad Patents
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...