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David Yucht (Wolters Kluwer Legal & Regulatory US)
Patent case: Huawei Technologies Co. Ltd. v. Iancu, USA
June 09, 2020

Samsung Electronics Co., Ltd.—which had successfully petitioned for IPR—withdrew from the case after Huawei filed its appeal, but the U.S. government intervened to defend the PTAB’s decision.…

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Thomas K. Lauletta (Wolters Kluwer Legal & Regulatory US)
Patent case: In re Anova Hearing Labs Inc., USA
April 28, 2020

The PTAB did not establish the existence of a motivation for a person of ordinary skill in the art to combine the aspects of existing patents and prior art. The U.S. Court of Appeals for the Federal…

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Charlotte Jacobsen (Gibson, Dunn & Crutcher LLP), Filko Prugo, Ryan Sullivan (Ropes & Gray LLP)
Willful Blindness and Enhanced Damages: Is Ignorance Bliss?
April 06, 2020

In the United States, a judge may increase the damages for patent infringement up to threefold[1] resulting in awards of millions, or even billons, of dollars.  In 2016, the Supreme Court, in Halo…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
Patent case: TCL Communication Technology Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, USA
December 28, 2019

Holding bench trial instead of jury trial deprived SEP owner Ericsson of Seventh Amendment rights because trial was held to determine compensatory relief for mobile device maker TCL’s past…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
Patent case: BedGear LLC v. Fredman Bros. Furniture Co. Inc., USA
November 25, 2019

Three PTAB decisions were decided by APJs invalidly appointed, but two Circuit Judges would find the defect wholly cured by Federal Circuit’s recent Arthrex decision. The U.S. Court of Appeals for…

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George Basharis (Wolters Kluwer Legal & Regulatory US)
Patent case: Bombardier Recreational Products Inc. v. Arctic Cat Inc., USA
October 22, 2019

A jury’s verdict that snowmobile frame patents asserted against Arctic Cat were indefinite and invalid as anticipated or obvious was supported by substantial evidence. A federal district court…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
Patent case: Henny Penny Corporation v. Frymaster LLC, USA
September 27, 2019

The Board properly found that a person skilled in the art would not be motivated to combine two prior art references and that industry praise supported a finding of nonbviousness. Substantial…

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Brian Craig (Wolters Kluwer Legal & Regulatory US)
Patent case: Innovative Memory Systems Inc. v. Micron Technology Inc., USA
September 11, 2019

The PTAB improperly found that the patent is unpatentable in view of the prior art. Concluding that the Patent Trial and Appeal Board improperly construed certain claims in a patent for memory system…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
Patent case: MTD Products Inc. v. Iancu, USA
September 01, 2019

Board’s obviousness finding was predicated on erroneous finding that claim term "mechanical control assembly" was not a means-plus-function term. The Patent Trial and Appeal Board erred in finding…

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Matthew Rizzolo (Ropes & Gray LLP), Kathryn Thornton (Ropes & Gray)
United States: Paying Just Compensation for “Taking” Patents?
May 21, 2019

Since the U.S. Supreme Court last year in Oil States rejected a constitutional challenge to the Patent Trial & Appeal Board’s authority to invalidate patents in post-grant reviews, patent owners…

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