IP Update, Vol. 16, No. 1, January 2013
IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to...
View ArticleCourts Continue Literal Interpretation of Subpart F Rules on Income Inclusion
Consistent with prior judicial precedent, the U.S. Court of Appeals for the Fifth Circuit recently applied a literal interpretation of the Subpart F inclusion rules based on the plain meaning of...
View ArticleIP Update, Vol. 16, No. 7, July 2013
“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts...
View ArticleThe 3M Case: Can the IRS Overrule the Supreme Court?
3M Company’s challenge to the validity of Treas. Reg. § 1.482-1(h)(2), if successful, could result in refunds for taxpayers that previously followed the Internal Revenue Service’s regulatory guidance...
View ArticleIP Update, Vol. 16, No. 9, September 2013
Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant...
View ArticleIP Update, Vol. 16, No. 11, November 2013
Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars - A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court...
View ArticleFocus on Tax Controversy - December 2013
In This Issue: A Decade of Lessons Learned from State Tax False Claims Act Cases; Second Circuit Reaffirms Taxpayer’s Use of Protective Refund Claims; and Challenging Regulations After Mayo and Home...
View ArticleNo Foreseeability Bar to The Application of the Doctrine of Equivalents -...
Addressing the doctrine of equivalents infringement of a means-plus-function limitation, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment of...
View ArticleBalancing Venue, Transfer Factors at the Federal Circuit - In re Altair...
In re Altair Engineering, Inc.; In re Groupon, Inc. - The U.S. Court of Appeals for the Federal Circuit denied two writs of mandamus filed by defendants requesting the Federal Circuit to direct...
View ArticlePurported Inventor Fails to Prove Inventorship
General Electric Co. v. Wilkins - Addressing a claim to inventorship of an individual not listed as an inventor on two patents, the U.S. Court of Appeals for the Federal Circuit affirmed a lower...
View ArticleConvenience Trumps Potentially Higher Royalties
In re Nintendo of America, Inc. - The U.S. Court of Appeals for the Federal Circuit vacated a denial of a motion to sever and transfer, directing the district court to grant petitioner’s motion because...
View ArticleInter Partes Review Still Difficult for Patent Owners
EcoWater Systems LLC v. Culligan International Co. - In a final written decision, the Patent Trial and Appeal Board (PTAB, the Board) found several claims subject to the requestor’s petition to be...
View ArticleFailure of Appellant to Appeal Damages Award Precludes District Court to...
Retractable Techs., Inc. v. Becton, Dickinson, and Co. - The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial of a motion to modify a damages award following the...
View ArticleCourt Weighs in on Deadline for Filing FTC Refund Claims
On September 19, 2014, the U.S. Court of Federal Claims issued its opinion in Albemarle Corp. v. United States, No. 12-184T, holding that it lacked jurisdiction over the taxpayer’s claim for refunds...
View ArticleMotions to Amend Hard to Come By
Zodiac Pool Systems, Inc. v. Aqua Products, Inc. - In a Final Written Decision the Patent Trial and Appeal Board (PTAB) found all instituted claims unpatentable and denied patent owner’s motion to...
View ArticleFederal Circuit Grants Writ of Mandamus Ordering Transfer of Case
In re Apple - The U.S. Court of Appeals for the Federal Circuit granted a petition for a writ of mandamus and ordered the case transferred from the U.S. District Court for the Eastern District of Texas...
View ArticlePost-Alice Federal Circuit Finds Internet Advertising Method to Not Be Patent...
Citing the Supreme Court of the United States’ Spring 2014 decision in Alice Corp. v. CLS Bank, the U.S. Court of Appeals for the Federal Circuit reversed itself and concluded that a claimed method for...
View ArticleMotion for Observation Must Follow Guidelines
Medtronic, Inc. v. NuVasive, Inc. - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) dismissed a patent owner’s improper motions for observation, agreeing with the...
View ArticleSerial Objections to Evidence Are Not Required if Supplemental Evidence Is...
American Honda Motor Co., Inc. v. American Vehicular Sciences LLC - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) concluded that a party need not renew an objection...
View ArticleEven Geniuses Commit Error—Sufficient to Support Reissue - Fleming v. Escort,...
The U.S. Court of Appeals for the Federal Circuit explained that an error in drafting original claims that failed to capture the full scope of the invention, even where the error stemmed from the...
View Article
