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) …

CAFC vacates E.D. Texas’s refusal to sever and stay claims and to transfer the separate action

Case: In Re Nintendo of Am., Inc., No. 2014-132 (Fed. Cir. June 25, 2014) (precedential). On Petition for Writ of Mandamus to E.D. Tex. Before Newman, Rader, and Hughes. Procedural Posture: The defendants, Nintendo and eleven retailers (“the Retailers”), brought this petition for a Writ of Mandamus when the district court denied …