Inventor advocacy group US Inventor has filed an amicus brief in support of a petition to the U.S. Supreme Court asking the justices to clarify “[w]hether the Federal Circuit’s “heavy presumption” line of cases or its “holistic” line should govern claim construction. The petition was filed in December by Akeva, LLC, owner of a portfolio of athletic footwear patents, and is an appeal from a July 2020 nonprecedential Federal Circuit decision, Akeva, LLC v. Nike, Inc. In that case, the Federal Circuit upheld a district court’s grant of summary judgment of noninfringement to a number of defendants—including Asics, Nike, adidas America, Inc., New Balance Athletic Shoe, Inc., and Puma North America, Inc.—finding in part that the district court had “correctly construed the claim term ‘rear sole secured’ to exclude conventional fixed rear soles.”
Litigation
- How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco
- Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’
- Miami Beware: Patent Clouds Are Quickly Approaching the Sunshine State
- CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction
- CAFC Upholds PTAB’s Finding that Samsung Failed to Prove Magnetic Stripe Emulator Claims Obvious
Recent Posts
- The Copyright Claims Board: A Venue for Pursuing Actual or Statutory Damages Impacting Both Registered and Unregistered Works
- IP Goes Pop! – Intellectual Property and a ‘Wacky’ Professor – Brands and Inventions in the Springfield Universe, Part II
- How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco
- Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’
- Other Barks & Bites for Friday, August 12: Canada to Add Resale Royalties to Copyright Law, Fifth Circuit Affirms Exclusion of Evidence in ‘Call of Duty’ Copyright Suit, and Ninth Circuit Rejects Trademark Appeal in Yoga Pants Case