Reexaminations after denial of an IPR following RE VIVINT, INC.
On September 29, 2021, the Court of Appeals for the Federal Circuit struck down a USPTO decision to permit Ex Parte reexamination when “a requester who has repeatedly tried to [IPR] to forward the same arguments.” The court emphasized the limited scope of [...]
Enhanced Damages – A broader Inquiry than Willful Infringement
The U.S. Supreme Court created the enhanced damages standard in its 2016 Halo v. Pulse ruling that created the enhanced damages standard. On September 28, 2021, the Court of Appeals for the Federal Circuit clarified enhanced damages require a higher standard than willful [...]
North Carolina Patent Troll Law
In May 2013, North Carolina added Article 8 — entitled “Abusive Patent Assertions” — to chapter 75 of the North Carolina General Statutes, which covers consumer protection. Article 8 gives targets of patent trolls standing to sue over “a bad-faith assertion of patent [...]
SECTION 101: Without Bounds?
A recent case from the Court of Appeal for the Federal Circuit suggests that the scope of Section 101 may, depending upon interpretation, have bounds which is much greater than most parties, including practioners and patent owners, expect. In the case of Yu [...]
Weide & Miller Outpacing 2019 Patent Grants
Weide & Miller successfully obtained 57 patents for its clients in the first half of 2020, outpacing the number of patents the firm obtained for clients in 2019.
Weide & Miller Obtains Favorable Settlement for Lightside Technologies
Weide & Miller filed a suit in the U.S. District Court for the Central District of California on behalf of its client Lightside Technologies against Westinghouse Electronics for infringement of Lightside’s patent portfolio covering Multi-Format Audio/Visual Production Systems with Frame-Rate Conversion. [...]
Weide & Miller Successfully Invalidate Patent in Ex Parte Reexamination Proceeding
On January 10, 2020, the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirmed the Examiner’s decision in the Ex Parte Reexamination of U.S. Patent No. 9,313,456. Attorneys at Weide & Miller submitted the Request for Ex Parte Reexamination in [...]
Issuance of 101 U.S. Utility and Design Patents in 2019
2019 was an extremely successful year, with Weide & Miller obtaining the issuance of 101 U.S. utility and design patents for its clients.
Complete Reversal at the Patent Trial and Appeal Board
Weide & Miller obtains a complete reversal at the Patent Trial and Appeal Board. Weide & Miller had appealed the examiner’s rejection of all claims in U.S. Application Serial No. 15/057,289, directed to a closed-loop medication monitoring and feedback system. The examiner had [...]
March 2019: Copyright Registration as a Prerequisite to a Lawsuit
On March 4, 2019, the Supreme Court resolved an issue on which the various federal circuit courts were split: can a copyright plaintiff bring a lawsuit once they have filed an application for registration with the Copyright Office, or must they wait until [...]