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IP Law Insights

Blog posts of all IP law news and insights.

CAFC: IPR Cancellation Is not a 5th Amendment Taking
By: Dennis Crouch
on August 25, 2020 at 3:13 am
Publication: Patent – Patently-O

CHRISTY, INC. v. US (Fed. Cir. 2020) I’ll add more on this case. The holding is big, but expected. Cert petition to SCOTUS coming this fall: Christy, Inc. asserts that the United States owes it just compensation for the Patent Trial and Appeal Board’s cancellation of claims 1–18 of Christy’s patent, U.S. Patent No. 7,082,640, …

CAFC: IPR Cancellation Is not a 5th Amendment Taking
By: Dennis Crouch
on August 25, 2020 at 3:13 am
Publication: Patent – Patently-O
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NJ Law Limiting Patentee’s Capacity to Sue Upheld on Appeal
By: Dennis Crouch
on August 24, 2020 at 2:59 am
Publication: Patent – Patently-O

by Dennis Crouch This is a quirky case, but the holding is troubling — that a patent owner’s state of residence can prohibit the patentee from using the federal courts to assert their patent rights.  I would think the 14th Amendment is on point: “nor shall any State deprive any person of life, liberty, or …

NJ Law Limiting Patentee’s Capacity to Sue Upheld on Appeal
By: Dennis Crouch
on August 24, 2020 at 2:59 am
Publication: Patent – Patently-O
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How Much Nexus is Too Much Nexus?
By: Dennis Crouch
on August 20, 2020 at 3:36 pm
Publication: Patent – Patently-O

by Dennis Crouch Great question in the new Supreme Court petition of SRAM, LLC v. FOX Factory, Inc.  The Federal Circuit has tightened its belt on Secondary Indicia of nonobviousness — only rarely finding that the claimed indicia are closely enough tied to the claims at issue and creating additional hoops of proof for the …

How Much Nexus is Too Much Nexus?
By: Dennis Crouch
on August 20, 2020 at 3:36 pm
Publication: Patent – Patently-O
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Immediate Appeal of Denied Dismissal
By: Dennis Crouch
on August 19, 2020 at 3:26 am
Publication: Patent – Patently-O

The pending appeal in AlexSam, Inc. v. HealthEquity, Inc., Docket No. 20-00146 (Fed. Cir. 2020), offers some interesting questions for the Federal Circuit. As Patently-O readers are aware, lots of patent infringement lawsuits have been ending very quickly – with courts ruling that plaintiffs patents are directed to ineligible subject matter and therefore cannot support a …

Immediate Appeal of Denied Dismissal
By: Dennis Crouch
on August 19, 2020 at 3:26 am
Publication: Patent – Patently-O
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Post Thrive: PTAB Decision Affirmed rather than Vacated
By: Dennis Crouch
on August 17, 2020 at 3:31 pm
Publication: Patent – Patently-O

Bennett Regulator Guards, Inc. v. Atlanta Gas Light Company (Fed. Cir. 2020) This case has been up to the Supreme Court and is now back down. Bennet owns U.S. Patent No. 5,810,029 (Anti-icing of gas pressure regulators, now expired).  Back in 2012, Bennett sued Atlanta Gas for patent infringement.  That case had been filed in N.D. Ohio and …

Post Thrive: PTAB Decision Affirmed rather than Vacated
By: Dennis Crouch
on August 17, 2020 at 3:31 pm
Publication: Patent – Patently-O
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Patently-O Bits and Bytes by Juvan Bonni
By: Juvan Bonni
on August 17, 2020 at 2:48 am
Publication: Patent – Patently-O

Recent Headlines in the IP World: Karen Robinson-Jacobs: Apple Owes Tech Companies $506M For Patent Infringement, Jury Says (Source: Forbes) Malcolm Owen: Apple Returns Fire in Koss AirPods Patent Infringement Battle (Source: Apple Insider) Benjamin Pirus: US Postal Service Files Blockchain Voting Patent Following Trump Cuts (Source: Coin Telegraph) David Phelan: Apple Patent Reveals Exciting …

Patently-O Bits and Bytes by Juvan Bonni
By: Juvan Bonni
on August 17, 2020 at 2:48 am
Publication: Patent – Patently-O
Read More »

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