CAFC Patent Cases, 1/12/21 – 2/2/21

CAFC Patent Cases, 1/12/21 – 2/2/21

Client Alert

Related Solutions

Clients trust us to protect their most important intellectual property matters.
Intellectual Property Litigation
Combining our trial and appellate strengths allows us to shape litigation strategy from the outset to maximize the likelihood of ultimate success.

Precedential Federal Circuit Opinions

  1. M & K HOLDINGS, INC. v. SAMSUNG ELECTRONICS CO., LTD. [OPINION] (2020-1160, 2/1/2021) (Moore, Bryson, Chen)
    Bryson, J. Affirming PTAB decision that references qualified as prior art. Also vacating decision that claim was unpatentable and remanding. Substantial evidence supported the Board’s conclusion that the relevant references could have been located through reasonable diligence, given that the references were publicly accessible through the combination of oral presentations at the meetings of an industry task force and the hosting of documents on the website of the task force. Regarding unpatentability, the Board erred by finding challenged claim anticipated when the petition asserted only obviousness. “Although [patent owner] was aware of the prior art used to invalidate [the claim] given the obviousness combination asserted against that claim, [patent owner] was not put on notice that the Board might find that [the reference] disclosed all of the limitations [and might invalidate] based on anticipation.”

Authors

More From This Series

Explore the Full Series

Notice

We appreciate your interest in WilmerHale. While we are pleased to have you contact us, please keep in mind that merely contacting WilmerHale does not create an attorney-client relationship. Such a relationship will not arise until the Firm agrees in writing to represent you in connection with a particular matter. Importantly, unless and until this has occurred, you should not provide us with any confidential information, and we have no duty to keep confidential any information that we may receive from you. Thank you for your understanding.

I Accept Cancel