Close

Patent Lawyer Blog

Updated:

Court Orders Production of Litigation Funding Agreements in Patent Case: Implications for Witness Bias

Recent Decision Highlights Discoverability of Funding Arrangements In a recent discovery dispute in the Northern District of California, Judge Sallie Kim has ordered the plaintiff to produce litigation funding agreements, finding them relevant to potential witness bias. The April 29, 2025 order in Correct Transmission, LLC v. Juniper Networks Inc…

Updated:

USPTO Director Vacates PTAB Decision Over Privity Discovery Denial in Semiconductor Patent Dispute

In a significant ruling that could impact patent dispute procedures, Acting United States Patent and Trademark Office (USPTO) Director Coke Morgan Stewart has vacated a Final Written Decision by the Patent Trial and Appeal Board (PTAB) and remanded multiple cases back for further proceedings. The April 24 order addresses procedural…

Updated:

Court Orders Patent Reassignment as Trade Secret Misappropriation Remedy in Insulet Case

A federal court in Massachusetts has granted in part a motion for permanent injunction against defendants found liable for misappropriating trade secrets related to an insulin patch pump, imposing several significant remedies including the reassignment of patent applications that incorporate the intellectual property. The case centered on Insulet Corporation’s Omnipod…

Updated:

USPTO Director Vacates PTAB Decision, Denies Institution of Inter Partes Review in Motorola-Stellar Patent Dispute

In a significant reversal for Petitioner Motorola Solutions, the Acting Director of the United States Patent and Trademark Office (USPTO) has granted Stellar LLC’s request for Director Review, vacated the Patent Trial and Appeal Board’s (PTAB) earlier decision instituting inter partes review of four patents, and denied institution. The March…

Updated:

USPTO Memo Signals Increased Discretionary Denials as Director Takes Direct Control of PTAB Institution Decisions

On March 26, 2025, the United States Patent and Trademark Office (USPTO) announced temporary changes to how the Patent Trial and Appeal Board (PTAB) will manage its workload, particularly concerning America Invents Act (AIA) trial proceedings such as inter partes reviews (IPRs) and post-grant reviews (PGRs). Key Changes to Institution…

Updated:

Court Denies Abbott’s Summary Judgment Motion in Patent Infringement Case: A Lesson in Joinder Rules

In a recent decision from the United States District Court for the District of Massachusetts, the district court denied Abbott Laboratories’ motion for summary judgment in a patent infringement case involving multiple pharmaceutical companies. This ruling offers valuable insights into the application of Rule 19 joinder requirements in patent litigation.…

Updated:

USPTO Revives Fintiv: Discretionary Denials Return to IPR Practice

On March 24, 2025, the USPTO officially reinstated the Fintiv factors framework for discretionary denials in post-grant proceedings with parallel litigation, following the February 2025 rescission of its 2022 Interim Procedure. This significant policy shift returns authority to Patent Trial and Appeal Board (PTAB)  judges to deny institution of inter…

Updated:

No “Extraordinary Circumstances”: PTAB Stands Firm on Evidence Rules Despite Credibility Challenges to Inventors

In a recent order in Omega Liner Company, Inc. v. BUERGOFOL GmbH, the Patent Trial and Appeal Board denied Patent Owner’s request to submit new inventor declarations with its sur-reply, highlighting the high bar for introducing new evidence late in inter partes review proceedings. The case involves Patent 9,657,882 B2,…

Updated:

When CIP Relationships Don’t Protect: PTAB Holds Ancestor Patent Qualifies as Invalidating § 102(e) Prior Art

In a notable Final Written Decision on Remand, the Patent Trial and Appeal Board (PTAB) conducted a detailed examination of the prior art status of the Krassner reference (US 10,380,602 B2) in the inter partes review between Duration Media LLC and Rich Media Club LLC. This analysis proved central to…

Updated:

PTAB Rejects Time-Bar Challenge in Semiconductor Patent Case: Privity Arguments Fall Short

In a significant ruling on the scope of the inter partes review time bar, the Patent Trial and Appeal Board rejected Greenthread’s attempts to dismiss Semiconductor Components’ petition as untimely, providing key guidance on privity relationships under 35 U.S.C. § 315(b). The decision centered on Greenthread’s argument that the petition…

Contact Us