On September 4, the United States Court of Appeals for the Federal Circuit (CAFC) modified and reissued its March 18, 2020 opinion in Facebook v. Windy City Innovations, LLC, following Facebook’s combined petition for panel rehearing and rehearing en banc. In the March 18 opinion, the CAFC ruled that the Patent Trial and Appeal Board (PTAB) erred both in allowing Facebook to join itself to a proceeding in which it was already a party, and in allowing Facebook to add new claims to the inter partes reviews (IPRs) at issue through that joinder.
Litigation
- Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
- CAFC Shoots Down Due Process Challenges to PTAB Structure
- SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation
- In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?
- ‘Grand Theft Auto’ Game Makers Score Win at CAFC with Non-Infringement Ruling
Recent Posts
- India’s Prius Judgment and Trans-Border Reputation of Trademarks
- Other Barks & Bites for Friday, October 15: TRIPS IP Waiver Negotiations Heat Up, CAFC Finds No Due Process Violations in Mobility Workx, and the Copyright Office Will Study Copyright Protections for News Publishers
- Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
- CAFC Shoots Down Due Process Challenges to PTAB Structure
- Brazil: Patent Law Amended to Allow for Compulsory Licensing of Patents