IPR Petitioner Must Establish References are Patents or Printed Publications

In Xactware Solutions, Inc. v. Pictometry Int’l Corp., No. IPR2016-00593, Paper 45 (PTAB Aug. 28, 2017), the Patent Trial and Appeal Board held Xactware did not establish that a document was a printed publication under 35 U… Read More

No Estoppel for IPR Dicta

In Oil-Dri Corp. v. Nestlé Purina Petcare Co., No. 15-cv-1067 (N.D. Ill. Aug. 2, 2017), an Illinois district court held that 35 U.S.C. § 315(e)(2) does not estop an accused infringer from challenging the validity of claims under… Read More

IPR Estoppel Regarding Petitioned, Non-Instituted Claims

A Wisconsin district court held that 35 U.S.C. § 315(e) can estop an accused infringer from challenging a patent claim’s validity when based on a new invalidity theory, even with PTAB non-instituted claims. Douglas Dynamics, LL… Read More

Laches Is a Defense to Patent Infringement No More

The United States Supreme Court recently held that under the Patent Act, laches is not a defense to claim for damages when the infringing acts occurred within the six-year time limitation provided for recovering damages under 35 U… Read More

Objectively Reasonable Defenses Do Not Preclude Finding of Willful Patent Infringement

The Federal Circuit has held that even if an accused infringer’s defenses to patent infringement are objectively reasonable, Supreme Court precedent does not preclude a willful infringement finding, or enhancing damages.  WBIP,… Read More