by Jones Day's ITC Litigation Team | Jan 6, 2020 | Commission Opinions, Invalidity, Patent Eligible Subject Matter
In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that the asserted claims of U.S. Patent No. 9,045,871 (the ’871 patent) are invalid as directed to an abstract idea. Certain Road Construction Machines &...
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 | Oct 3, 2019 | Invalidity, Prior Art Issues
Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers. Their statutorily mandated 18-month schedule oftentimes allows the PTAB to resolve a question of patent validity...
by Jones Day's ITC Litigation Team | Apr 25, 2019 | Commission Opinions, Initial Determinations, Invalidity
The ITC issued a final determination in a long-running dispute between Sony and Fujifilm. Certain Magnetic Tape Cartridges And Components Thereof, Inv. No. 337-TA-1058, Notice Of A Commission Final Determination (March 25, 2019). This investigation...
by Jones Day's ITC Litigation Team | Mar 18, 2019 | Invalidity, Motion Practice, Prior Art Issues
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] Administrative Law Judge (“ALJ”) McNamara’s recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In the...
by Jones Day's ITC Litigation Team | Oct 31, 2018 | Estoppel, Invalidity
In In re Certain Magnetic Tape Cartridges and Components Thereof, 337-TA-1058 (ITC October 2, 2018, Order), Administrative Law Judge Cheney ruled that even if a respondent is estopped from raising certain invalidity challenges because it failed...
