Knobbe/Martens: Intellectual Property Law

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Key Terms of Standard Essential Patent Licenses Webinar Published
Monday, August 26, 2019
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Partners Mauricio Uribe and Hironori Kubota presented  "Key Terms of Standard Essential Patent Licenses," during our Knobbe Practice Series Webinar.

Federal Circuit Review - July 2019 Published
Thursday, August 22, 2019
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Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement

Judgment Entered Against Westinghouse For Willful Patent Infringement Published
Wednesday, August 21, 2019
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Earlier this year, a federal jury in Delaware found that Westinghouse Air Brake d/b/a Wabtec infringed eight patents owned by Siemens Mobility, including finding willful infringement as to two of the patents.  The asserted patents all relate to positive train control technology, which has been mandated by the Federal Railroad Administration.

PTAB’s Characterization Of Petitioner’s Argument Did Not Introduce New Theory Of Invalidity Published
Wednesday, August 21, 2019
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ARTHREX, INC. V. SMITH & NEPHEW ET AL.

Before Dyk, Chen, and Stoll.  Appeal from the U.S. Patent and Trademark Office

Summary:  The Board’s invalidity decision does not need to track the exact wording in the IPR petition so long as the Board’s characterization of the invalidity theory is consistent with the theory presented in the petition.

Patent Claims Directed To Wireless Transmission of Content Are Abstract and Patent Ineligible Published
Wednesday, August 21, 2019
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THE CHAMBERLAIN GROUP, INC. v. TECHTRONIC INDUSTRIES CO.

Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Northern District of Illinois

Summary: A system or method for communicating status information wirelessly is not patent eligible subject matter. A PTAB decision not to institute an IPR may be admissible at trial with a limiting jury instruction.

Issue Preclusion at the ITC: New Developments for Trademark-Based Claims Published
Tuesday, August 20, 2019
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Investigations at the International Trade Commission (“ITC”) often involve intellectual property disputes that may also be the subject of parallel litigation in district court.  This parallel litigation is often stayed pending completion of the ITC investigation. 

Jury Awards Olaplex More Than $24 million for L’Oreal’s Willful Patent Infringement; Court Immediately Enters Permanent Injunction Published
Monday, August 19, 2019
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Olaplex sued L’Oreal for infringing U.S. Patent Nos. 9,498,419 and 9,668,954 and asserted related breach of contract and misappropriation of trade secret claims.  The patents relate to systems to protect hair from damage during bleaching treatments.  The court granted a preliminary injunction, decided to hold the ruling in abeyance pending trial, and later granted summary judgment of infringement. 

Court Enters Permanent Injunction and $34 Million Judgment for Bio-Rad Against 10X Genomics Published
Monday, August 19, 2019
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Bio-Rad and the University of Chicago sued 10X Genomics for infringing U.S. Patent Nos. 8,889,083, 8,304,193, and 8,329,407, which relate to genetic analysis tools.  The jury found all three patents valid and infringed and that Plaintiffs are entitled to $23,930,817 in damages.  

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