Mar 4, 2020

The Strictly Limited Scope of Inter Partes Review

Patent Law

Last month, the United States Court of Appeals for the Federal Circuit (CAFC) issued an opinion in the case of Samsung Electronics America, Inc. v Prisua Engineering Corp., case number 2019-1169, again holding that the authority of the Patent Trial and Appeal Board (Board) to institute an inter partes review (IPR) is statutorily limited only to grounds of anticipation and obviousness, under 35 U.S.C. §§ 102 and 103; though further clarifying that the Board also may not expand the scope of a properly instituted IPR to address other patentability requirements beyond the statutorily authorized grounds. The Leahy-Smith America Invents Act… Read more

Dec 8, 2016

Supreme Court Rules on Design Patent Infringement Damages

Smart Phone

Supreme Court Rules on Design Patent Infringement Damages By: Joyce B. Klemmer It has been 120 years since the Supreme Court has ruled on a design patent case. On December 6, 2016, it ruled in favor of Samsung in the case Samsung Electronics Co., v. Apple Inc., No. 15-777. Apple Inc. released its first-generation iPhone in 2007. Apple secured many design patents in connection with the release. Among those patents were the D618,677 patent, covering a black rectangular front face with rounded corners, the D593,087 patent, covering a rectangular front face with rounded corners and a raised rim, and the… Read more