Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged estoppel · clear
UNILOC 2017 LLC v. FACEBOOK INC. Before Lourie, Wallach, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 314(d) does not preclude Federal Circuit review of the Patent Trial and Appeal Board’s post-institution…
NETWORK-1 TECHNOLOGIES, INC. v. HEWLETT-PACKARD COMPANY, HEWLETT PACKARD ENTERPRISE COMPANY Before Prost, Newman, and Bryson. Appeal from the United States District Court for the Eastern District of Texas. Summary: A party joined to an IPR under 35 U.S.C.…
VIRNETX INC. v. APPLE INC. Before Prost , Moore, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Failure to petition for certiorari on the issue of invalidity triggers estoppel of parallel inter partes reexamination proceedings even if…
Standing Dispute Highlights 315(e)(2) Estoppel Concern Article III standing has been a problem for certain petitioners seeking review of adverse Patent Trial & Appeal Board (PTAB) AIA trial rulings. This is because, while the AIA statutes provide that…
A preliminary decision in the District Court of Delaware introduces the possibility that a patentee’s victory on assignor estoppel in the district court could quash a co-pending IPR proceeding at the PTAB. Assignor estoppel is applied to prevent a…
In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc ., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff’s Motion in Limine and held that CBM estoppel does not apply to related applications where the reference…
The court in Koninklijke Philips N.V. v. Wangs All. Corp., No. 14:cv-12298, 2018 WL 283893 (D. Mass. Jan. 2, 2018) denied summary judgement of no invalidity, finding that the Federal Circuit’s holding in Shaw forecloses a broad reading of the…
Federal Circuit Summary Before Dyk, Reyna, and Hughes . Appeal from the Patent Trial and Appeal Board. Summary : Where the Federal Circuit had previously construed the same claim term in an appeal involving a related patent also owned by the patentee in…
Written by Nathanael Luman, Ph.D. and Kerry S. Taylor, Ph.D. The Supreme Court granted a petition for writ of certiorari to address whether the PTAB is required to issue a final written decision with respect to the patentability of every claim challenged…
Written by Benjamin Anger and Mark Rubinshtein , Ph.D. A magistrate judge in the Eastern District of Texas recommended in Biscotti, Inc. v. Microsoft Corp., No. 2:13-CV-01015, DI 191 (E.D. Tex. May 11, 2017) that Microsoft should be estopped from asserting…
Written by Casey D. Donahoe, Ph.D. and Benjamin Anger In a Final Written Decision in Johns Manville Corp. v. Knauf Insulation, Inc., IPR2016-00130, Paper 35 (P.T.A.B. May 8, 2017), the PTAB found that petitioner Johns Manville (JM) was not estopped from…
