Solar Cell Antidumping Review Clarifies How Commerce Picks Surrogate Values and Overhead Calculations

Risen Energy Co. v. United States Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed how the U.S. Department of Commerce determines antidumping duties for Chinese solar cell exporters, focusing on the use of surrogate values…

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Private Sales Don’t Count as “Public Disclosure” to Block Patent Prior Art

Sanho Corp. v. Kaijet Tech. Int’l Ltd Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision clarifies an important rule for inventors: selling your invention privately—even without a confidentiality agreement—does not count as “publicly disclosing” it for the purposes…

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Patent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited

SoftView LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarified how far the Patent Office can go in preventing patent owners from reclaiming lost ground after losing claims in an inter partes…

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Jury’s Patent Infringement Verdict Partly Restored in Aseptic Packaging Technology Dispute

Steuben Foods, Inc. v. Shibuya Hoppmann Corp Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified the boundaries of patent infringement and the doctrine of equivalents in the context of aseptic food packaging technology. Steuben Foods, Inc. accused…

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Foreign Antisuit Injunctions in SEP Disputes: Federal Circuit Clarifies When U.S. Courts Can Step In

Telefonaktiebolaget LM Ericsson v. Lenovo (United States), Inc Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision sheds light on when U.S. courts can stop companies from enforcing foreign patent injunctions in global disputes over standard-essential patents (SEPs –…

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Patents on Inhaler Devices Can’t Block Generics: Federal Circuit Clarifies Orange Book Listings

Teva Branded Pharm. Prods. R&D, Inc. v. Amneal Pharms. of N.Y., LLC Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has big implications for pharmaceutical companies that make combination drug-device products, like inhalers. The court ruled that patents…

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When Similar-Looking Trademarks Aren’t Confusing: A Recent Lesson from the Appeals Court

Tribe of Two, LLC v. Vidal Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights how two trademarks can look somewhat alike but still be considered legally distinct, avoiding confusion in the marketplace. The case involved…

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When Is a “Group” Not a Group? Federal Circuit Sends Patent Dispute Back for More Claim Construction

UTTO Inc. v. Metrotech Corp Authored by: Jeremy J. Gustrowsky A recent decision highlights how the meaning of just one word in a patent claim can make or break an infringement lawsuit. UTTO Inc. owns U.S. Patent No. 9,086,441, which…

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Patent Claims Don’t Have to Be Mutually Exclusive, Says Appeals Court in Catheter Patent Dispute

Vascular Sols. LLC v. Medtronic, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit offers important guidance for patent owners and litigants about how patent claims can be drafted and interpreted—especially when it comes to claims…

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Voice Commands for Remote Computer Control Deemed Obvious in Patent Challenge

Voice Tech. Corp. v. Unified Pats., LLC Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified the boundaries of patentability for technology that allows users to control computers remotely using voice commands from a mobile device. The patent…

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Patent Owner’s Strategic Waiver Bars Second Shot at Apple’s Processors

Wis. Alumni Rsch. Found. v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights how strategic decisions in patent litigation can have long-lasting consequences. The Wisconsin Alumni Research Foundation (WARF) spent over a decade pursuing Apple…

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A Win for Patent Procedure: Federal Circuit Clarifies How Patent Owners Can Fix Motion to Amend Errors

ZyXEL Commc’ns Corp. v. UNM Rainforest Innovations Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit provided important guidance on how patent owners can correct mistakes in motions to amend during inter partes review (IPR) proceedings. The…

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