Intellectual Property Law News and Insights

RPI: Not Quite A Jurisdictional Requirement

Published: Mar 03, 2022
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Recently, the Patent Trial and Appeals Board (PTAB) declined to terminate an inter partes review (IPR) proceeding despite the Petitioner's alleged failure to identify all the real parties-in-interest (RPIs). Unified Patents, LLC v. Voice Tech Corp., IPR2020-01018, Paper 46, 7 (December 13, 2021). In 2020, Voice Tech asserted U.S. Patent No. 10,491,679...

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Expert Must Meet POSITA Standard To Testify On Infringement

Published: Feb 21, 2022
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The Patentee filed a complaint with the ITC alleging that certain imported gas spring nailer products were infringing. The ALJ found the accused products did not infringe. The ITC reviewed the ALJ's decision and reversed it. The parties then separately appealed several of the ALJ's findings and the ITC's decision....

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So, You Invented A Numerical Range

Published: Feb 08, 2022
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In Indivior UK Ltd. v. Dr. Reddy's Laboratories S.A., Appeals 2020-2073, -2142 (Fed. Cir. Nov. 24, 2021), the Federal Circuit affirmed a Patent Trial and Appeal Board's final decision canceling claims in Indivior's patent claiming a polymer matrix-containing film. Certain claims in the patent recited an amount of polymer matrix inadequately...

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