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Yearly Archives: 2020

December 17, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

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.

December 17, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

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.


December 17, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

Google LLC v. Oracle America, Inc.

In 2008, Google LLC (”Google”) released Android, ”an open-source platform designed to enable mobile devices such as smartphones and tablets. The Android platform was built using the Java programming language developed by Sun Microsystems, which was later acquired by Oracle American, Inc. (”Oracle”). Prior to Oracle”™s acquisition of Sun Microsystems, Google replicated the syntax and structure of the Java application programming interface (”API”) within the Android platform to ensure third-party developers could utilize the prewritten methods and declarations known within Java”™s API libraries. Google replicated ”37 Java API libraries that were determined by Google to be ”˜key to mobile devices,”™” which attributed to only 3% of the Android environment. Google independently wrote the remainder of the code to ”accommodate the unique challenges” of the mobile device environment. Upon its acquisition of Sun Microsystems, Oracle sued Google in the U.S. District Court for the Northern District of California (”District Court”), alleging copyright infringement for the replicated code.


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