The Federal Circuit clarifies IPR estoppel and overturns a $1.1 billion verdict in Caltech’s favor due to improper damages theory

Takeaways: The Federal Circuit clarified on February 4, 2022, that IPR estoppel applies to all claims and invalidity grounds that the petitioner may have plausibly asserted in its IPR petition. The court also overturned and remanded Caltech’s $1.1 billion patent infringement judgment against Apple and Broadcom because Caltech adopted an incorrect damages approach. 20-2222 California… Continue reading The Federal Circuit clarifies IPR estoppel and overturns a $1.1 billion verdict in Caltech’s favor due to improper damages theory

The revision of China’s anti-monopoly law – Abuse of Dominance, Intellectual Property Rights, and Administrative Powers

The Chinese Anti-Monopoly Law (AML) was enacted in 2008, and it has undergone several revisions since then. The latest revision, which took effect on 1 June 2021, includes provisions related to the abuse of dominance, intellectual property rights (IPR), and administrative powers. The revised AML strengthens the regulation of abusive practices by dominant companies, including… Continue reading The revision of China’s anti-monopoly law – Abuse of Dominance, Intellectual Property Rights, and Administrative Powers

Disclaimer Made in IPR Not Binding In Same Proceeding

In Cupp Computing AS v. Trend Micro Inc., the Federal Circuit has determined that an inter-parties review (IPR) proceeding disclaimer is not enforceable against the USPTO in the same proceeding in which it is made. Trend Micro, the petitioner, filed three inter-parties reviews (IPR) against CUPP Cybersecurity, the patent owner, challenging three of CUPP’s patents… Continue reading Disclaimer Made in IPR Not Binding In Same Proceeding

Published
Categorized as Legal Texts

Either damages or compensation: Infringement in Russia

Russian IP protection is a topic that is frequently covered in the media today. However, based on what is written, it is clear that Russia tends to disregard any IP rights that may exist. In the interim, infringement continues to be a problem, and IP life continues as usual. Owners of intellectual property must pick… Continue reading Either damages or compensation: Infringement in Russia

Published
Categorized as Legal Texts

Rule 34 of the Regulations under the PCT

The PCT minimum documentation is the set of documents that any Office or organization must have on hand in order to be appointed as an International Searching Authority (ISA) and that any ISA must consult when conducting an international search, as defined by PCT Rule 34. It includes both patent and non-patent literature (PCT Article… Continue reading Rule 34 of the Regulations under the PCT