In a split precedential decision, the Federal Circuit ruled that 37 C.F.R. § 42.73(b) permits the Patent Trial and Appeal Board to enter an adverse judgment when a patent owner cancels all claims at issue after an IPR petition has
(*Originally published as a Michael Best client alert on January 10, 2018, co-authored by J. Donald Best and Kenneth M. Albridge, III)
On January 8, 2018, in Wi-Fi One, LLC v. Broadcom Corp., the United States Court of Appeals
In a nonprecedential decision, the Federal Circuit ruled that the Patent Trial and Appeal Board had (1) failed to address a specific anticipation argument raised by a petitioner and (2) failed to provide adequate reasoning to support a decision on
In 2014, the Supreme Court issued its decision in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), rejecting the Federal Circuit’s “insolubly ambiguous” standard for determining compliance with the definiteness requirement under 35 U.S.C. § 112. Criticizing that
A recent Federal Circuit decision may give further hope to some accused infringers still looking to transfer venue in the wake of the Supreme Court’s TC Heartland decision. On November 15, 2017, a Federal Circuit panel vacated the U.S. District
In Sanofi v. Watson Laboratories et al., the Federal Circuit affirmed the United States District Court for the District of Delaware’s ruling that the defendants’ sale of their proposed generic drugs would induce infringement by physicians, as well as
