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Intellectual Property News

In re Google Technology Holdings, LLC

On November 13, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Patent Trial and Appeal Board (PTAB) sustaining the rejection of the Examiner's final rejection of various claims under 35 U.S.C. §103 in an application by Google. In clarifying the difference between the doctrines of "waiver" and "forfeiture," the CAFC held that Google had forfeited the arguments put forth on appeal because those arguments were not presented to the Examiner or PTAB. Therefore, the CAFC affirmed the PTAB's decision.

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Donner Technology, LLC v. Pro Stage Gear, LLC

On November 9, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded an inter partes review (IPR) decision from the U.S. Patent Trial and Appeal Board (PTAB) for Pro Stage Gear’s patent for guitar effects pedals. The PTAB had rejected obviousness challenges by Donner on the ground that Donner did not prove that a prior art reference is analogous art.

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Corcamore, LLC v. SFM, LLC

On October 27, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a Trademark Trial and Appeal Board (“TTAB”) decision that SFM was entitled to bring and maintain a petition under 35 U.S.C. § 1064.

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Amgen Inc. v Sanofi, Aventisub LLC

On December 9, 2020, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) heard oral argument in a pharmaceutical patent case, Amgen Inc. v. Sanofi, Aventisub LLC.

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