Cementing Victory by Accepting Defeat: When Can a Patentee’s Infringement...
A recent Federal Circuit case, ABS Global, Inc., v. Cytonome/ST, LLC, answered the interesting question of whether a patentee’s infringement disclaimer can moot a challenger’s appeal of an inter partes...
View ArticleTakeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence...
On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting,...
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Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence...
On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting,...
View Article2023 Federal Circuit Case Summaries
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...
View ArticleIronburg 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...
View ArticlePTAB’s Authority to Issue a Final Written Decision After a Statutory Deadline
In Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. 2022-1482 (Fed. Cir. Nov. 21, 2023), the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written...
View ArticleGrilling Up Burgers and Dogs – With a Side of Original Patent Requirement
This case[1] addresses the original patent requirement under 35 U.S.C. § 251 that reissue claims must be directed to the invention disclosed in the original patent. Background Float‘N’Grill LLC (“FNG”)...
View ArticleEnabling the “Full Scope” of Claims in View of the Supreme Court’s Decision...
In Baxalta Incorporated v. Genentech, Inc. 2022-1461 (Fed. Cir. September 20, 2023), this case addresses the enablement requirement in view of the Supreme Court’s recent decision in Amgen Inc. v....
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