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Intellectual Property News

Advanced Video Tech v. HTC Corp. – Co-inventor did not transfer interests in patent via employment agreement

On January 11, 2018, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its opinion in Advanced Video Technologies LLC v. HTC Corp., holding that a co-inventor of a patent does not transfer ownership interests in the patent under a California employment agreement that includes a “will assign” provision, a trust assignment provision, and a quitclaim assignment provision.

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W-Fi One LLC v. Broadcom Corp. – Time bar of USPTO IPR petition is appealable

On January 8, 2018, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its decision in Wi-Fi One, LLC v. Broadcom Corp., holding that time-bar determinations under 35 U.S.C. § 315(b) (“§ 315(b)”) are appealable and overruling Achates’s holding that a § 315(b) time-bar determination is final and non-appealable under 35 U.S.C. § 314(d).

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WesternGeco LLC v. Geophysical Corp. – Whether lost profits cumulated abroad for infringement can be brought into U.S. court

On January 12, 2018, the U.S. Supreme Court (“Supreme Court”) granted certiorari in WesternGeco LLC v. ION Geophysical Corporation, to determine “[w]hether the court of appeals erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases where patent infringement is proven 35 U.S.C. § 271(f).”

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