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IP Hot Topic: USPTO Publishes Long-awaited Notice of Proposed Rulemaking with Updates to PTAB Practice and Procedure

JD Supra Law

The proposed rules package, Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement, includes updates to three areas of PTAB practice. 28693 (April 19, 2024).

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PTAB Changes Settlement Requirements?

LexBlog IP

Settlement Prior to Trial Institution May Not Require Filing of Settlement Documents. Back in 2015, I pointed out that an opinion of the Federal Circuit called into question the PTAB’s practice of requiring settlement documents to terminate an AIA trial preliminary proceeding. § 42.74, which also addresses settlement.

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Navigating the Complexities of Litigation Funding Discovery

JD Supra Law

For those who have not had a chance to attend one of our CLE presentations on Litigation Funding Disclosure, this IAM article provides a glimpse of the complex landscape for defendants seeking discovery on litigation funding topics in their cases. Litigation funding can significantly impact the parties’ ability to reach settlement.

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Supreme Court of China casted punitive damages upon post-settlement-agreement repeated patent infringement

The IPKat

This post discusses a recent patent case in which the Supreme People’s Court of China (SPC) awarded punitive damages upon post-settlement-agreement repeated infringement. One month later, a settlement was reached. For those who are interested in this topic, the chapter might be a fun read. Shelly: 'Oops!…You You did it again ?'

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Appealing IPR Decisions – Art. III Standing in the Context of Litigation Settlements and Licenses

LexBlog IP

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. At this point, the settlement and license occurred and the district court litigation was dismissed with prejudice. Qualcomm Inc. , No 20-1683 (Fed. 10, 2021) (“Apple II”). Background.

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Appealing IPR Decisions – Art. III Standing in the Context of Litigation Settlements and Licenses

JD Supra Law

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements.

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[Webinar] Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions - February 2nd, 1:00 pm - 2:00 pm EST

JD Supra Law

Topics of the featured intellectual property cases include: exclusion of expert testimony, the ITC’s ability to enforce consent orders, estoppel by IPR final written decisions, standing to challenge PTAB decisions on appeal, obviousness in light of overlapping ranges in the prior art, and settlements of IPRs before.