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Federal Circuit Invalidates Parts of VoIP Patent
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IP News
Federal Circuit: The Doctrine of Equivalents Is Not a Binary Choice Federal Circuit: No Estoppel for Party That Joined IPR
Features
Implications of 'Amgen v. Sanofi' On the State of Enablement Law
The decision appears to take steps to harmonize the prior cases that appropriately were guided by the Wands factors with the cases discussing the "full scope" of enablement that have engendered some confusion in the law.
Features
Equity In Broad and Flexible Fashion
Federal Circuit Wasn't Chicken to Grant Equitable Intervening Right in Poultry Processing Equipment Case A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term "protection of investments" in 35 U.S.C. §252.
Features
A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
In the wake of the COVID-19 pandemic, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties' confidential business information (CBI).
Features
Patent Litigation Growth In 2020 Points to Sustained Activity In 2021
Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.
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IP News
Federal Circuit: Texas Court Abused Its Discretion By Delaying On Venue Transfer Motion While Proceeding With the Merits of the Case Federal Circuit: PTAB Violates the APA When It Sua Sponte Adopts a New Claim Construction to Support New Theory of Invalidity for First Time
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IP News
PTAB to Follow Nautilus Standard of Definiteness
Features
Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine
The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.
Features
USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling
It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
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