Category Archives: Appeal

ContentGuard Holdings, Inc. v. Apple Inc.

Posted on July 17, 2017 by

Docket No. 2016-1916, -2007 DYK, REYNA, WALLACH July 12, 2017 Non-precedential Brief summary: DC construction of “usage rights” and denial of CG’s Motion for a New Trial regrading to multiple patents relating to digital rights management for computers and other … Continue reading →

Posted in Appeal, Claim Construction | Leave a comment

Nantkwest, Inc. v. Joseph Matal, et al. (USPTO)

Posted on June 26, 2017 by

Docket No. 2016-1794 PROST, DYK, STOLL (D) June 23, 2017 Brief Summary: DC denial of USPTO’s request for attorney’s fees under § 145 reversed (“the applicant must pay ‘[a]ll of the expenses of” an appeal directly to the Eastern District … Continue reading →

Posted in Appeal, Attorney's Fees | Leave a comment

Halo Electronics, Inc. v. Pulse Electronics, Inc. et al.

Posted on May 30, 2017 by

Docket No. 2016-2006 LOURIE, MOORE, HUGHES May 26, 2017 Brief Summary: FC panel determined it lacked jurisdiction under § 1295(a)(1) or § 1295(c)(2) because “the order appealed from is itself non-final”. Summary: Pulse appealed from DC’s award of prejudgment interest … Continue reading →

Posted in Appeal, Damages, Jurisdiction | Leave a comment

NOVA Chemicals Corporation, et al. v. Dow Chemical Company

Posted on May 15, 2017 by

Docket No. 2016-1576 DYK, MAYER, REYNA May 11, 2017 Brief Summary: DC award of attorney fees to Dow affirmed as NOVA’s litigation position was found to be “objectively baseless” under Octane Fitness (US 2014). Summary: NOVA appealed DC award of … Continue reading →

Posted in Appeal, Attorney's Fees, Expert Testimony | Leave a comment

In re: AT&T Intellectual Property II, L.P.

Posted on May 11, 2017 by

Docket No. 2016-1830 DYK, MAYER, REYNA May 10, 2017 Brief Summary: No error found with the Board’s authority to reexamine even though LG withdrew since LG submitted the request and “was still involved in the proceedings at the time the … Continue reading →

Posted in Anticipation (35 USC 102), Appeal, Reexamination | Leave a comment

Intellectual Ventures I LLC, et al. v. Capital One Financial Company et al.

Posted on March 23, 2017 by

Docket No. 2016-1077 PROST, WALLACH, CHEN March 7, 2017 Brief Summary: DC grant of SJ for collateral estoppel (issue preclusion) affirmed under Fourth Circuit law and finding of ineligibility under under § 101 affirmed under the two-step Alice/Mayo “abstract idea” … Continue reading →

Posted in Appeal, Collateral estoppel, Issue Preclusion, Patentability | Leave a comment

Synopsys, Inc. v. Mentor Graphics Corp. v. USPTO (Intervenor)

Posted on January 17, 2017 by

Docket No. 2014-1516. -1530 (IPR2012-00042) CHEN, MAYER, STOLL February 10, 2016 Brief Summary: Board decision after IPR affirmed and FC finds “the Board need only issue a final written decision with respect to claims on which [IPR] has been initiated”. … Continue reading →

Posted in America Invents Act, Anticipation (35 USC 102), Appeal, Inter Parties Review (IPR), IPR | Leave a comment