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Beteiro LLC’s Patent Gamble: A Busted Hand Against Section 101
. . . This body of precedent offers a smorgasbord of legal authority for advocates on either side of a Rule 12(b)(6) or Rule 56...
York Faulkner
Jun 22, 20246 min read
An Aggregation of Errors: How Zircon Failed to Prove Domestic Industry
“. . . Zircon stumbled, however, in demonstrating the scope of its investments in that specific subset of protected products, thereby...
York Faulkner
May 16, 20248 min read
The Personal Jurisdiction Pitfall When Unleashing Amazon’s “APEX” Patent Predator
. . . Here, the APEX Agreement directed to SnapPower in Utah threatened automatic consequences (the proactive removal of Amazon sales...
York Faulkner
May 11, 20247 min read
When it Should Be Obvious that “You Don’t Know What You Don’t Know”—Salix v. Norwich
“The outcome of this issue may yet prove controversial, as both the district court and the Federal Circuit arguably neglected established...
York Faulkner
Apr 21, 202415 min read
Lost in Interpretation: How Claim Construction Doomed AlexSam’s Case Against Cigna
. . . However, the qualifying language, “unmodified existing,” proved to be an unfortunate choice of words. . . . In AlexSam, Inc. v....
York Faulkner
Apr 13, 20244 min read
No Two Treks Are the Same: Federal Circuit Affirms TTAB in “Ranger Trek” Trademark Dispute
. . . The Federal Circuit cited with approval the TTAB’s finding that “TREK by itself simply references a journey or hike” but “RANGER...
York Faulkner
Nov 24, 20237 min read
Federal Circuit Clarifies Permissible Scope of IPR Replies and Analogous Prior Art Tests
. . . Regarding Corephotonics’s second argument, the Federal Circuit found no abuse of discretion in the Board permitting Apple to...
York Faulkner
Oct 22, 202310 min read
A Means-Plus-Function Trap—Presumption Fails to Save Functional Claims Lacking Structural Antecedent
. . . “This is the epitome of functional claiming: a black box that captures any and all structures that fulfill the function, just as if...
York Faulkner
Oct 17, 20236 min read
Federal Circuit Clarifies “Field of Endeavor” and “Reasonably Pertinent” Analogous Prior Art Tests
. . . The court expressly ruled that Netflix was not required to use specific language or “magic words” to define a field of endeavor and...
York Faulkner
Oct 10, 20236 min read
$176 Million Jury Verdict Sunk by Patents’ Insufficient Invention Disclosure—Teva v. Eli Lilly & Co
. . . trial testimony established that “there are a ‘mind-bogglingly large’ number of antibodies that could potentially fit within the...
York Faulkner
Oct 1, 20237 min read
U.S. Supreme Court Rules Section 1782 Fact Discovery Not Available for Private Overseas Arbitration
Although this long-awaited decision substantially clarifies the analysis of Section 1782 and its applicability to overseas arbitration...
York Faulkner
Jun 14, 20226 min read
Federal Circuit Affirms Judicial Correction of Structural Claim Elements and Enhanced Damages
Perhaps the most surprising aspect of the Federal Circuit’s decision was its affirmance of the district court’s 50% enhancement of the...
York Faulkner
Jun 12, 20227 min read
Lost Profits Damages & On-Sale Bar to Patentability Hinge on Equipment Contract Interpretation
In the appeal from the district court’s judgment in this case, the Federal Circuit, inter alia, (1) reversed the district court’s...
York Faulkner
May 4, 20227 min read
Patent Licensing Activity May Subject Patent Owners to Personal Jurisdiction in Target’s Home Court
Against that background, the Federal Circuit nonetheless emphasized that its precedent had not created a “bright-line rule” but instead...
York Faulkner
Apr 19, 20225 min read
Court Rules Seller Not Entitled To $250K Earnest Money in Busted MedTech M&A Deal
. . . According to [Seller], the payment was intended either as a non-refundable “break-up fee in the event that the closing did not...
York Faulkner
Nov 5, 20215 min read
U.S. Court Denies Request for Live Cross-Border Trial Testimony in Canadian Railway Disaster Case
. . . The firefighters and MM&A employees left the train around 12:13 am on July 6, 2013, after satisfying themselves that the fire was...
York Faulkner
Oct 28, 20218 min read
Renouncing U.S. Citizenship Costs $500 Million Plus Time Served
. . . FATCA therefore flushed many U.S. expatriates “out of the shadows” of their overseas residencies, compelling either compliance with...
York Faulkner
Oct 7, 20213 min read
Former NBA turned Beijing Duck Basketball Pro Dunks Federal Criminal Tax Charges: Ex-Pats Beware
In addition to the burden of multi-jurisdiction tax compliance, expatriates living abroad therefore face potentially more expansive...
York Faulkner
Sep 29, 202110 min read
Acting on Contradictory Motivations before FDA & USPTO Results in Unenforceable Patent
"Not long after these information exchanges with FDA, Belcher filed its patent application before the USPTO—where, acting on motivations...
York Faulkner
Sep 20, 20215 min read
Plaintiff Bypasses Hague Convention and Serves Complaint & Summons on Chinese Company's U.S. Lawyers
This decision may impose unfortunate consequences, for example, on Japanese companies since on December 21, 2018, Japan formally objected...
York Faulkner
Sep 13, 20216 min read
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