Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit’s Finding of Justiciability

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Shaleen J. Patel

This article was published in February 2020 issue of IP Strategist.  Copyright © 2020 ALM Media Properties, LLC.  It is republished here with permission.

The U.S. Supreme Court is set to determine just how “final and nonappealable” a decision to institute an inter partes review is. The highest court is primed to render yet another opinion related to patent and administrative law in Thryv, Inc. v. Click-to-Call Techs., L.P., No. 19-916 (2019) after oral arguments were heard on Dec. 9, 2019. Continue reading “Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit’s Finding of Justiciability”

The Person of Ordinary Skill in the Art Still Counts

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John P. Isacson

Koninklijke Philips N.V. v. Google LLC et al., Appeal No. 2019-1177 (Fed. Cir., January 30, 2020).

Google filed an IPR against Philips’ patent relating to a method of forming a media presentation on a client device from multiple related files. Google’s IPR petition presented two grounds of unpatentability (anticipation and obviousness) based upon the SMIL 1.0 reference supported by general knowledge in the art regarding distributed media presentations, referred to as pipelining. The general knowledge in the art was supported an expert declaration and the Hua reference, although Hua was not made part of a combination with SMIL 1.0 by Google. Continue reading “The Person of Ordinary Skill in the Art Still Counts”

IPR Estoppel Strikes Again

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John P. Isacson

Wasica Finance GmbH et al. v. Schrader Int’l, Inc. et al., C.A. 13-1353-LPS (D. Del. January 14, 2020) (publicly available on January 21, 2020).

Plaintiffs Wasica and Bluearc (collectively “Wasica”) filed an infringement action based on U.S. Patent No. 5,602,524 against defendants (collectively “Schrader”). The patent pertained to devices for measuring the air pressure in tires. Continue reading “IPR Estoppel Strikes Again”