Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged collateral estoppel · clear
Written by : Alistair J. McIntyre & Brandon G. Smith GOOGLE LLC v. HAMMOND DEVELOPMENT INTERNATIONAL, INC. Before Moore , Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : Collateral estoppel applies to IPRs where differences in…
UNILOC USA, INC. v. MOTOROLA MOBILITY LLC Before Lourie, Dyk , and Hughes. Appeal from U.S. District Court for the District of Delaware. Summary: Failure to vacate an adverse ruling regarding a lack of standing when settling a prior suit collaterally…
Inconsistency Across Related Cases is Precluded When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of unpatentability across related filings— for example, where the claim sets are…
SYNQOR, INC. v. VICOR CORPORATION Before Dyk, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A finding during inter partes reexamination that two references would not be combined precluded a finding of obviousness based on…
INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP. Before Prost, Bryson , and Reyna. Appeal from the United States District Court for the District of Maryland. Summary: The Federal Circuit applied collateral estoppel and thus avoided deciding…
Unchallenged Claim Falls on Summary Judgement Back in 2016, I flagged a few district court decisions that leveraged Patent Trial & Appeal Board (PTAB) fact-finding on summary determination . These decisions weighed the fact finding of the expert agency as…
Federal Circuit Summary Before Newman, O’Malley , and Chen. Appeal from the PTAB. Summary : Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication because the Federal…
Federal Circuit Summary Before Newman, Dyk, and Chen . Appeal from the District of Colorado. Summary : (1) The Federal Circuit’s separate affirmance of a PTAB decision that a patent in suit is invalid renders an appeal from a district court on that…
