by Jones Day's ITC Litigation Team | Dec 23, 2019 | Claim Construction, Federal Circuit Appeals, Invalidity
[co-author: Charles Lee] In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. Hyosung TNS, Inc. v....
by Jones Day's ITC Litigation Team | Apr 5, 2019 | Claim Construction, Motion Practice, Summary Determination
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] In an order recently made public, Chief Administrative Law Judge (“ALJ”) Bullock denied Respondent Hitachi Koki USA, Limited’s motion for summary determination of non-infringement because...
by Jones Day's ITC Litigation Team | Nov 3, 2017 | Claim Construction, Federal Circuit Appeals, Invalidity
In response to the Federal Circuit’s reversal of the ITC’s indefiniteness and invalidity finding, the Commission remanded the investigation to ALJ with instructions to issue an ID within 30 days. Background Two years ago in Certain Wireless...
by Jones Day's ITC Litigation Team | Oct 10, 2017 | Claim Construction, Invalidity, Motion Practice
In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation, and invited Respondents to file a...
