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July 16, 2021
New Vision Gaming & Development, Inc. v. SG Gaming, Inc., FKA Bally Gaming, Inc. Nos. 2020-1399, 2020-1400 Fed. Cir. May 13, 2021 Before Circuit Judges Newman, Moore, and Taranto. Opinion by Circuit Judge Moore. Opinion concurring in part and dissenting in part filed by Circuit Judge Newman. New Vision Gaming & Development, Inc. appealed two […]
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May 8, 2021
MOJAVE DESERT HOLDINGS, LLC, Appellant v. CROCS, INC., Appellee Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 95/002,100. ORDER ISSUED: February 11, 2021 ORDER MODIFIED: April 21, 2021 U.S.A. Dawgs appealed from a United States Patent and Trademark Office decision finding Crocs design patent (No. D517,789) patentable. […]
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April 7, 2021
Uniloc 2017 LLC (Uniloc) appealed from two consolidated inter partes review (IPR) decisions of the Patent Trial and Appeal Board (Board) finding certain claims of U.S. Patent No. 8,995,433 (Patent) as obvious. Facebook petitioned to join an IPR initiated by Apple, Inc. challenging claims 1-6 and 8 of the Patent. LG Electronics Inc. (LG) also petitioned to join both of Facebook’s IPRs. This scenario presented a possible statutory estoppel issue.
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July 14, 2020
Fitbit, Inc. v. Valencell, Inc. No. 2019-1048 Fed. Cir. Before Circuit Judges Newman, Dyk, and Reyna. Apple petitioned the Board for IPR of claims 1–13. The Board denied review of claims 3–5. Fitbit filed an IPR petition for claims 1, 2, and 6–13 and moved for joinder with Apple’s IPR, which the Board granted. After […]
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June 14, 2020
Esip Series 2, LLC v. Puzhen Life USA, LLC No. 2019-1659 Fed. Cir. Before Circuit Judges Lourie, Reyna, and Hughes. The Court affirmed the decision of the Patent Trial and Appeal Board that certain claims of ESIP’s patent are invalid as obvious. The Court also rejected ESIP’s argument that the Board should not have instituted […]
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May 14, 2020
Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation No. 2018-2273 Fed. Cir. Before Circuit Judges Lourie, Moore, and Reyna. In this appeal from the Patent Trial and Appeal Board, the Court held that Argentum lacks Article III standing and dismissed the appeal. Standing requires that the Argentum “ suffered an injury in fact, that is fairly […]
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April 14, 2020
Nike, Inc. v. Adidas AG No. 2019-1262 Fed. Cir. April 9, 2020 Before Circuit Judges Lourie, Chen, and Stoll. Nike appealed the Patent Trial and Appeal Board’s decision on remand denying its request to enter substitute claims 47–50 of U.S. Patent No. 7,347,011 on the ground that those claims are unpatentable under 35 U.S.C. § […]
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March 14, 2020
Arctic Cat Inc. v. Bombardier Recreational Products Inc., BRP U.S. Inc. 2019-1080 Fed. Cir. Before Circuit Judges Lourie, Moore, and Stoll. The Court affirmed a judgment of the District Court that Arctic Cat is not entitled to recover pre-complaint damages from Bombardier due to the failure of Arctic Cat’s licensee to mark products in accordance […]
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February 14, 2020
Koninklijke Philips N.V. v. Google LLC, Microsoft Corporation, Microsoft Mobile, Inc. No. 2019-1177 Fed. Cir. Philips v Google Microsoft PTAB summary The Court affirmed the decision of the Patent Trial and Appeal Board (“Board”) in an inter partes review of U.S. Patent No. 7,529,806 finding that the claims were unpatentable as obvious. The Board instituted […]
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September 19, 2019
The Toro Company sought inter partes review before the Patent Trial and Appeal Board. The Board held the challenged claims obvious under 35 U.S.C. § 103. Critical to its decision, the Board determined that the claim term “mechanical control assembly . . . configured to [perform certain functions]” is not a means-plus-function term subject to 35 U.S.C. § 112, ¶ 6. MTD Products Inc. appealed.
