Federal Circuit Reaffirms the Board’s Decision to Terminate a Reexamination As to Only Litigated Claims in a Civil Action

IN RE AFFINITY LABS OF TEXAS, LLC: May 5, 2017. Before Taranto, Chen, Stoll. Takeaway: The estoppel provision under 35 U.S.C. 317(b) does not extend to all parties and all claims, but rather only to an inter partes requester that was a party to the civil action (or its privies) …

Federal Circuit Finds Four Patents Not Enabled, But Finds Inducement as to the Fifth

Authored by Rose Cordero Prey, Michael S. Turner, and Gaudenis Vidugiris Digest of Promega Corp. v. Life Techs. Corp., Nos. 2013-1011, -1029, -1376 (Fed. Cir. Dec. 15, 2014) (precedential). On appeal from W.D. Wis. Before Prost, Mayer and Chen.  Procedural Posture: Accused infringer appealed the district court’s grant of summary judgment …

Federal Circuit Vacates Damages Award in a Case of First Impression Involving Standard-Essential Patents

Authored by Georg C. Reitboeck, Karen C. Shen, and Ksenia Takhistova Digest of Ericsson, Inc. v. D-Link Systems, Inc., No. 2013-1625, -1631, -1632, -1633 (Fed. Cir. Dec. 4, 2014) (precedential). On appeal from E.D. Tex. Before O’Malley, Taranto and Hughes. Procedural Posture: Ericsson sued multiple defendants for infringement of its five patents essential …