Read the latest news within the Federal Circuit.
Attorneys and Clients Behaving Badly – Deliberately Withheld Offer for Sale Is Inequitable Conduct In Gs Cleantech Corp. v. Adkins Energy LLC, Appeal No. 16-2231,withholding and obscuring evidence of a…
PTAB May Not Cancel Claims on the Grounds of Indefiniteness in an IPR Proceeding In Samsung Electronics America v. Prisua Engineering Corp., Appeal No. 19-1169, the Federal Circuit held that…
Examiner Amendments Can Trigger Prosecution History Estoppel In Amgen, Inc. v. Amneal Pharms. LLC, Appeal No. 18-2414, the Federal Circuit held that an examiner amendment may give rise to prosecution…
Specification’s Narrow Description of the Invention Results in Disavowal of Claim Scope In Techtronic Industries Co. Ltd. v. ITC., Appeal No. 18-2191, the consistent description in the specification of a…
The Appointments Clause: Ensuring That PTAB Decisions Are Subject to Constitutional Checks and Balances In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 18-2251, the Federal Circuit ruled that,…
The PTAB Cannot Approve or Deny Certificates of Correction In Honeywell International, Inc. v. Arkema Inc., Arkema France, Appeal Nos. 2018-1151, -1153, the Patent Trial and Appeal Board (“Board”) does…
State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the…
Mere Potential for Future Appeal Does Not Prevent Triggering Estoppel of Inter Partes Reexamination When Party Fails to Seek Relief in the First Instance In Virnetx Inc. v. Apple Inc., Appeal Nos….
Metadata could help independently corroborate inventor testimony of prior conception In Kolcraft Enterprises, Inc. v. Graco Children’s Products, Inc., Appeal Nos. 2018-1259, 2018-1260, inventor testimony of prior conception must be…
