A recent Federal Circuit decision in Lynk Labs v. Samsung has important implications for what types of prior art can be used to challenge patents in inter partes review (IPR) proceedings. The court held that a published patent application can serve as prior art in an IPR as of its filing date, not just its
Patent Law
Key Takeaways from Largan v. Motorola: A Lesson in Discovery Disputes and the Apex Doctrine
In a recent discovery dispute between Largan Precision Co. and Motorola Mobility LLC, the Northern District of California provided important guidance on two critical issues: the location of plaintiff’s depositions and the application of the apex doctrine for high-level executives.
The Location Battle: Home Court Advantage Prevails
The court’s ruling reinforces a fundamental principle: when…
IPR Estoppel’s Evolving Landscape
Amazon Product Listing Gets Flushed As Qualifying Prior Art
The PTAB’s decision provides important guidance on when online product listings can qualify as prior art, particularly focusing on the challenges of establishing publication dates for Amazon listings.
Key Legal Standard
The Board emphasized that for an inter partes review, petitioners can only challenge patentability “on the basis of prior art consisting of patents or…
Agentic AI: Transforming Industries and Navigating the Patent Frontier
Agentic AI is transforming artificial intelligence by enabling systems to act independently, making decisions and solving problems autonomously across various industries. Its potential rapid development poses unique challenges for intellectual property protection, requiring innovative strategies to ensure these advancements are effectively safeguarded within the evolving IP landscape.
Introduction
Last year, we explored how Multimodal AI…
Federal Circuit Upholds PTAB’s Motivation to Combine Analysis in DNA Testing Patent
In a significant patent ruling issued January 6, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) decisions in Laboratory Corporation of America Holdings v. Ravgen, Inc., Case Nos. IPR2021-00902 and -0154, upholding the validity of claims related to non-invasive fetal DNA testing methods. The case centered on whether there was sufficient…
Petitioner’s Proposed Claim Construction that was “Diametrically Opposed” with Its Construction in the District Court Leads to IPR Denial
In a recent Patent Trial and Appeal Board (PTAB) decision, the Board denied institution of an inter partes review (IPR) in Cambridge Mobile Telematics, Inc. v. Sfara, Inc. (IPR2024-00966), highlighting the critical importance of consistent claim construction strategies in patent challenges.
The Core Dispute
The controversy centered on Cambridge Mobile’s approach to construing the claimed…
Breaking Down the Ghost Robotics Privilege Dispute: When Legal Memos Aren’t Privileged
A recent discovery dispute in the ongoing Boston Dynamics v. Ghost Robotics litigation provides an interesting look at how courts analyze attorney-client privilege in the context of legal memos shared with third parties. In an October 2024 order, Magistrate Judge Burke denied Boston Dynamics’ motion to compel additional discovery related to two legal memos that…
The Particularity Requirement in Patent Challenges: A Deep Dive into IKEA v. Everlight
In a recent Patent Trial and Appeal Board (PTAB) decision, the particularity requirement emerged as a critical factor in determining whether to institute an inter partes review (IPR). The case, involving IKEA Supply AG’s challenge to Everlight Electronics’ LED patent, highlights how failing to meet this requirement can doom even technically meritorious patent challenges.
Understanding…
The Year in Review: 2024 Patent Litigation Verdicts
Sixty-seven patent infringement trials reached a jury verdict in 2024. Of these 67 patent infringement verdicts, thirty-one (approximately 46%) were a complete patent owner win on all patent infringement and validity issues. Twenty verdicts (approximately 29%) were a win for the patent challenger, defined as no award of patent infringement damages by the jury. The…