Court Clarifies What Counts as “Domestic Industry” for Patent Protection at the ITC

Lashify, Inc. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners who manufacture their products overseas, the Federal Circuit in Lashify, Inc. v. International Trade Commission clarified what activities can qualify as a…

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Apple, LG, and Google Succeed in Invalidating Most Gesture Tech Patent Claims, but Two Survive

Apple Inc. v. Gesture Tech. Partners, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a ruling by the Patent Trial and Appeal Board (PTAB) that invalidated most claims of U.S. Patent No. 7,933,431, owned…

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Stem Cell Patent Survives Challenge Over Prior Art and Claim Construction

Restem, LLC v. Jadi Cell, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the validity of Jadi Cell, LLC’s U.S. Patent No. 9,803,176, which covers a method for obtaining stem cells from the subepithelial…

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Patent Board Affirms Rejection of DeepMind’s Machine Learning Patent Application, Citing Obviousness and Lack of Patent-Eligible Subject Matter

USPTO Authored by: Jeremy J. Gustrowsky A recent decision from the Patent Trial and Appeal Board (PTAB) highlights the challenges of patenting advances in artificial intelligence and machine learning. In the appeal concerning U.S. Patent Application No. 16/319,040, filed by…

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Government Wins Key Data Rights Dispute Over Flight Simulator Technical Data

Flightsafety Int’l Inc. v. Sec’y of the A.F Authored by: Jeremy J. Gustrowsky In a significant decision for government contractors, the Federal Circuit in FlightSafety Int’l Inc. v. Secretary of the Air Force affirmed that the U.S. government has broad,…

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Patent Eligibility for Polycrystalline Diamond Compacts Upheld in Federal Circuit Decision

\US Synthetic Corp. v. ITC Authored by: Jeremy J. Gustrowsky In a significant decision for the materials science and drilling industries, the Federal Circuit has reversed a prior ruling by the International Trade Commission (ITC) and found that US Synthetic…

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Understanding Patents: What Every Inventor Should Know

When it comes to patents, understanding what they protect is key for inventors and creators alike. The most common type, the utility patent, safeguards useful inventions. This could encompass a wide range of innovations, such as processes, machines, chemical compounds,…

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IPR Decisions Don’t Always Block Patent Claims in Court, Says Federal Circuit

Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In the recent case of Kroy IP Holdings, LLC v. Groupon, Inc., the Federal Circuit addressed a key question in patent law: Does a decision by the Patent…

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Patent Owners Get a Win: Federal Circuit Limits Collateral Estoppel from PTAB Decisions

Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners, the Federal Circuit recently clarified when a prior Patent Trial and Appeal Board (PTAB) decision can prevent a patentee from asserting…

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Expert Testimony Missteps Lead to New Trial in Medical Device Patent Dispute

Trudell Med. Int’l Inc. v. D R Burton Healthcare, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit ordered a new trial in the patent dispute between Trudell Medical International Inc. and D R Burton Healthcare,…

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Plant-Based Albumin Patent Survives Import Challenge at the ITC

Wuhan Healthgen Biotechnology Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the International Trade Commission’s (ITC) finding that Wuhan Healthgen Biotechnology Corp. infringed Ventria Bioscience Inc.’s U.S. Patent No. 10,618,951,…

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Federal Circuit Clarifies “Comprising Tungsten” Means Elemental Tungsten—But Patent Still Obvious

HD Silicon Sols. LLC v. Microchip Tech. Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a key issue in the patent dispute between HD Silicon Solutions LLC and Microchip Technology Inc. over U.S. Patent…

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