Topic
Patent Validity
197 published works
PostGrant-Counsel Blog
Affirmative Defense of Invalidity As Part of a Motion to Intervene Does Not Bar Filing of a Subsequent IPR Petition
According to 35 U.S.C. §315(a), an inter partes review may not be instituted if, before the date on which the petition for such a review is filed, the petitioner or…
PTABWatch
Federal Circuit Affirms PTAB Panel’s Authority to Institute IPRs and Issue Final Decision
The AIA explicitly bestows the USPTO Director with the authority to institute IPRs and the PTAB with the authority to decide the ultimate question of patent validity. The Director delegated…
Delaware Intellectual Property Litigation
Judge Robinson Grants Defendant’s Motion for Judgment on the Pleadings of Invalidity of Patent-in-Suit
By Memorandum Opinion entered by The Honorable Sue L. Robinson in Cyberfone Systems, LLC v. Lexmark International, Inc., Civil Action No. 14-1489-SLR (D.Del., October 8, 2015), the Court granted Defendant’s…
New England IP Blog
Plaintiff Avoids Headache of Having Its Thermometer Patent Invalidated at Summary Judgment
In a recent District of Massachusetts case, a defendant attempted to use the crucible of summary judgment to invalidate the plaintiff’s body temperature detection patents. But, as shown in the…
Delaware Intellectual Property Litigation
Judge Andrews Grants Defendants’ Motion for Judgment on the Pleadings of Invalidity of Patent-in-Suit
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Novo Transforma Technologies, LLC v. Sprint Spectrum L.P., et al., Civil Action No. 14-612-RGA (D.Del., September 2, 2015) (consolidated),…
Intellectual Property News.com
Apple Suffers Patent Invalidation in Samsung Case
IPNews® - Apple took a hit in its continuing back and forth with nemesis Samsung, as the USPTO issued a finding that calls into question the validity of one of…
Intellectual Property News.com
Sequenom Prenatal Test Patent Ruled Invalid
IPNews® - A judge recently ruled that the patent for a prenatal test should not have been issued to San Diego based bio-tech company Sequenom. Sequenom received the patent for…
The IP Law Blog
Just Because You Think It’s Invalid Doesn’t Mean You Don’t Infringe!
A U.S. patent is “presumed” valid. That means a patent owner does not need to prove the patent is valid in a suit for infringement. And, as the U.S. Supreme…
PTABWatch
Petitioners Are Not Faring Well on 112-challenges in CBM Review
The transitional program for covered business method (CBM) patents is a review proceeding administered by the Patent Trial and Appeal Board to reconsider the patentability of one or more claims…
Essential Patent Blog
Supreme Court rules belief that patent is invalid is not a defense to induced infringement (Commil v. Cisco)
By David Long
Today, in Commil USA, LLC v. Cisco Systems, Inc., the U.S. Supreme Court ruled that an accused infringer's good faith belief that a patent is invalid is not a defense to…