Garmin contended that specific combinations
of prior art references created a reasonable likelihood that the challenged claims were invalid.
While Judge Voss did not elaborate on the infringement finding and on the reasons for which his court ordered a stay, I remember from the trial that the
key prior art reference cited by Apple was a version of the UMTS specifications that predated the filing of Samsung's patent application.
The Federal Circuit has adopted a rigorous «but - for» test for materiality in most circumstances, including the paradigm case of an applicant's failure to
disclose prior art references.
According to the majority, the doctrine has created «numerous unforeseen and unintended consequences,» including discouraging settlement, increasing the cost and complexity of patent litigation, and overburdening PTO examiners with a deluge of marginally
relevant prior art references.
Subsequently, in July 2016, General Plastic filed five additional IPR petitions directed to the same claims in the Canon patents as the original petitions, but relying on
new prior art references.
In reaching your conclusion about whether or not claims -LSB--RSB- would have been obvious at the time the claimed invention was made, you should consider any difference or differences between the [
identify prior art reference (s)-RSB- and the claimed requirements.
In a Post Grant Review, the 3rd party can
submit prior art references and argue that the patent should not have been allowed as being obvious or anticipated (i.e.: violate sections 103 or 102).
Competitor patents can be invalidated by uncovering with patent thesauri difficult to find, but highly relevant,
prior art references reciting alternative terminology drafted by clever lexicographers.
Given that it takes months or even years to hear a response from the USPTO as they diligently search
for prior art references to reject any patent application claims that I may submit, I have a few minutes to make such a comment without deterring from my work.
Among other things, the majority noted that the panel decision had overturned «nearly a dozen jury fact findings including infringement, motivation to combine, the teachings
of prior art references, commercial success, industry praise, copying, and long - felt need across three different patents.
The case was successfully settled shortly after Mr. Randall obtained an expert report from the author of several
key prior art references and damaging testimony from the inventors concerning the patentability of the asserted patent over that prior art.
Due diligence reviews and strategic planning, including analyzing patents, prosecution histories, and
prior art references to develop product workarounds and freedom - to - operate, non-infringement, invalidity, and unenforceability positions.
This factual finding may require the district court to weigh conflicting expert testimony, dictionary definitions, treaties, and
prior art references.
Documentary evidence can include dictionaries, treatises, and
prior art references.
Specifically, Mr. Hogan stated that «he told his fellow jurors an accused device infringes a design patent based on «look and feel»... that an accused device infringes a patent unless it is «entirely different»... that
a prior art reference could not be invalidating unless that reference was «interchangeable.»»
The Genzyme decision appears to undercut a commonly used strategy where patent owners attempt to limit AIA challenges solely to
the prior art references and essential facts identified in the petition.
Summer associate tasks depend on the assigned practice area and can include research, prior art searches, analysis of
prior art references, claim charts for inter partes review (IPR) petitions, writing of articles, and adding technical color to conversations with experts.