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Brian Slater (Kramer Levin Naftalis & Frankel LLP)
Do American Indian Tribal Deals Shield Patent Owners from Inter Partes Review?
November 01, 2017

Allergan’s assignment of the patents on one of its blockbuster drugs to an American Indian tribe in an attempt to dismiss a USPTO inter partes review (IPR) proceeding on “tribal sovereign immunity”…

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Peter Reap (Wolters Kluwer Legal & Regulatory US)
USA: B/E Aerospace, Inc. v. C&D Zodiac, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1496, 03 October 2017
October 25, 2017

In a dispute between patent holder B/E Aerospace and C&D Zodiac that was instituted by C&D’s petition for inter partes review of B/E’s patent for saving space in airplanes, the Patent trail…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
USA: Ignite USA LLC v. CamelBak Products LLC, United States Court of Appeals, Federal Circuit, No. 2016-2747, 12 October 2017
October 23, 2017

Following inter partes review of several claims of a patent directed to a trigger/seal mechanism for a beverage container, the Patent Trial and Appeal Board properly applied the broadest reasonable…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
USA: In re Smith International, Inc, United States Court of Appeals, Federal Circuit, No. 2016-2303, 26 September 2017
October 02, 2017

The Patent Trial and Appeal Board’s construction of the term "body" disclosed in multiple claims of a downhole drilling tool patent has been reversed by the U.S. Court of Appeals for the Federal…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
USA: Cablz, Inc. v. Chums, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1823, 12 September 2017
September 26, 2017

Substantial evidence supported a Patent Trial and Appeal Board decision finding a patent for an eyewear retention device unpatentable as obvious, the U.S. Court of Appeals for the Federal Circuit has…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
USA: Home Semiconductor Corp. v. Samsung Electronics Co., Ltd, United States Court of Appeals, Federal Circuit, No. 2016-2215, 25 July 2017
August 04, 2017

The Patent Trial and Appeal Board’s construction of a key claim term in a patent directed to a method for fabricating a self-aligned contact hole in a semiconductor circuit was overbroad in light of…

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Thomas Long, Thomas Long (Wolters Kluwer Legal & Regulatory US)
USA: Board of Trustees of Leland Stanford Junior University v. Chinese University of Hong Kong, United States Court of Appeals, Federal Circuit, No. 2015-2011, 27 June 2017
July 03, 2017

Decisions by the Patent Trial and Appeal Board in three interference proceedings between Stanford University and the Chinese University of Hong Kong ("CUHK")—in which the Board found that methods of…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
USA: Credit Acceptance Corp. v. Westlake Services, United States Court of Appeals, Federal Circuit, No. 2016-2001, 09 June 2017
June 15, 2017

The Patent Trial and Appeal Board did not err in instituting Covered Business Method ("CBM") review and finding several claims of a financing method patent owned by Credit Acceptance Corporation ("…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
USA: Nestle USA, Inc. v. Steuben Foods, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1750, 09 May 2017
May 18, 2017

The Patent Trial and Appeal Board erroneously construed the term "aseptic" in an inter partes review (IPR) of a patent for a method of aseptically bottling sterilized food, the U.S. Court of Appeals…

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Mark Engstrom (Wolters Kluwer Legal & Regulatory US)
USA: Securus Technologies, Inc. v. Global Tel*Link Corp, United States Court of Appeals, Federal Circuit, No. 2016-1992, 25 April 2017
May 03, 2017

To the extent that the Patent Trial and Appeal Board did not provide an explanation for its obviousness rejection of 13 claims of a Securus patent on a system and method for reviewing monitored…

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