Category: Patent & Other IP Offices
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USPTO, UKIPO formalize alliance on standard-essential patent policy, seeking to dissuade EU from regulatory excess — UPDATE: UKIPO denies advocacy objective
The patent offices of the United States and the United Kingdom yesterday signed a memorandum on standard-essential patent policy. One objective is to dissuade the EU from unhelpful regulatory overreach.
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More than 95% of Netlist’s $445 million jury verdict against Micron is based on patent claim invalidated by PTAB
Netlist obtained a $445 million damages award from a Texas jury yesterday, but he bulk of it ($425 million) is based on a patent claim the PTAB recently invalidated.
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Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weak
Two Federal Circuit judges decided (but a district judge sitting by designation disagreed) that challenging a patent-in-suit in the PTAB, even if the IPR petition is brought after an infringement complaint, cannot give rise to fee-shifting.
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From $67.5M to $142M to $61M: roller-coaster damages award in Samsung SEP case as PTAB invalidates one of two patents
The patent that accounts for more than half of the $142M retrial verdict against Samsung has been invalidated by the PTAB.
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USPTO’s new AI consultation looks beyond inventorship, now focusing on prior art, obviousness, claim construction
Context: The impact of Artifical Intelligence on the patent system that has made more headline news than any other is the question of whether AI systems can be inventors, with conflicting decisions in different jurisdictions. But that is not the only important question in that regard. What’s new: Yesterday (April 30, 2024), the United States…
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Supreme Court asked to clarify PTAB invalidation decisions have preclusive effect even if being appealed
The Federal Circuit apparently believes that its own affirmance of a PTAB invalidity finding has preclusive effect (even if the losing side could still petition for rehearing or certiorari), while a final PTAB decision does not.