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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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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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January 10, 2021
Australian Therapeutic Supplies Pty. Ltd. v Naked TM, LLC No. 2019-1567 Fed. Cir. December 4 , 2020 Circuit Judge Wallach, dissenting from denial of a petition for rehearing en banc. Naked and Australian both sell condoms. Pursuant to an “informal” settlement agreement, Australian agreed that it would not use or register the mark NAKED for […]
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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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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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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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January 14, 2020
The Chamberlain Group, Inc. v. One World Technologies, Inc., DBA Techtronic Industries Power Equipment No. 2018-2112 Before Circuit Judges Dyk, Reyna, and Hughes. Opinion by Circuit Judge Hughes. The patent considered was directed to improved methods of human interaction with “barrier movement operators,” such as garage door operator systems. The claims on appeal were directed […]
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December 14, 2019
Airbus S.A.S. v. Firepass Corporation No. 2019-1803 Fed. Cir. Before Circuit Judges Lourie, Moore, and Stoll. Airbus S.A.S. appealed the Patent Trial and Appeal Board’s reversal of the patent examiner’s rejection of certain new claims presented by patent owner Firepass Corporation in an inter partes reexamination of U.S. Patent No. 6,418,752. The issue on appeal […]
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October 14, 2019
Campbell Soup v Gamon Plus Campbell Soup Company, Campbell Sales Company, Trinity Manufacturing, LLC v. Gamon Plus, Inc. Nos. 2018-2029, 2018-2030 Fed. Cir. September 26, 2019 Before Chief Judge Prost, with Circuit Judges Newman and Moore. Opinion for the court filed by Circuit Judge Moore. Dissenting opinion filed by Circuit Judge Newman. Appellants appealed the […]
