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U.S. Court of Appeals For The Federal Circuit


September 22, 2021 | By Gene M. Garner II
Posted in: Newsletters | U.S. Court of Appeals For The Federal Circuit

PROSECUTION LACHES IS A DEFENSE AVAILABLE TO THE PATENT AND TRADEMARK OFFICE

By:  Gene M. Garner II, Partner In a June 1, 2021 opinion in Gilbert P. Hyatt v. Andrew Hirshfeld, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent Office, Case:  18-2390, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) held that […]

June 23, 2021 | By Gene M. Garner II
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

QUALCOMM INCORPORATED VS. APPLE INC. – ORAL ARGUMENT, APPEAL No. 2020-1558

By: Gene M. Garner II, Partner On May 4, 2021, oral arguments were heard by the Court of Appeals for the Federal Circuit (“CAFC”) relating to whether the Patent Trial and Appeal Board (“the Board”) of the United States Patent and Trademark Office (“USPTO”) could use statements made in an […]

June 23, 2021 | By Raph Y. Kim
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

IN RE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY

By: Raph Y. Kim, Associate In the two opinions issued in March (Appeal No. 2020-1012 (March 11) and 2020-1288 (March 25)), the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held that that biotechnological patent applications owned by Stanford University and involving computational methods for predicting genetic outcomes […]

April 28, 2021 | By Sunil Chacko
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

Infinity Computer Products, Inc. v. Oki Data Americas, Inc – Arguing Your Way to Indefiniteness

In Infinity Computer Products, Inc. v. Oki Data Americas, Inc. The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s decision to invalidate US Patent. No. 6,894,811 (‘811) and three other related patents due to indefiniteness. Patent 6,894,811: Patent ‘811 was directed to “using a fax machine […]

April 28, 2021 | By Mehdi D. Sheikerz
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

“AT LEAST ONE …” – The Trend to Clarify Ambiguities

Claim definiteness is increasingly playing a more critical role in claim construction, considering the scrutiny afforded petitioners in inter-partes examination proceedings (IPRs) challenging validity of patents before the USPTO. Even though indefiniteness is not a basis to institute an IPR, claim indefiniteness can cause claim construction confusion. The trend to […]

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