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September 17, 2020 | By S&H
Posted in: S&H IP Blog | USPTO News

USPTO Fast-Track Appeals Pilot Program

On July 2, 2020, the United States Patent and Trademark Office (USPTO) launched the Fast-Track Appeals Pilot Program to speed up patent examination and ex parte appeals. The USPTO expects the average ex parte appeal to be decided within six months from the date a petition to request the fast-track appeal is granted.  


September 17, 2020 | By S&H
Posted in: S&H IP Blog

Godo Kaisha IP Bridge 1 v. TCL Commc’n Tech. (precedential)

On August 4, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court's infringement finding and its rulings regarding owed royalties, concerning the infringement of two patents directed to LTE technology owned by Godo Kaisha IP Bridge 1 (IP Bridge). In an apparent issue of first impression, the CAFC held that comparing the asserted claims of a patent against an industry standard to determine whether the claims are essential to the standard, is akin to an infringement analysis, and therefore is a fact issue decidable by a jury, and not a question of law that must be decided by the court.


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

Akeva L..L.C. v. Nike, Inc. (non-precedential)

On July 16, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court's grant of summary judgment against Akeva's footwear patents where the district court (1) construed the claim term “rear sole secured” to exclude conventional fixed rear soles (the accused products) and (2) concluded that Akeva's Continuation Patents are not entitled to claim priority to an earlier patent.


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

Akeva L..L.C. v. Nike, Inc. (non-precedential)

On July 16, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court's grant of summary judgment against Akeva's footwear patents where the district court (1) construed the claim term “rear sole secured” to exclude conventional fixed rear soles (the accused products) and (2) concluded that Akeva's Continuation Patents are not entitled to claim priority to an earlier patent.


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