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Uniloc 2017 LLC v. Facebook Inc.
, Appeal Nos. 2019-1688, -1689 (Fed. Cir. Mar. 9, 2021)
In this week’s Case of the Week, Uniloc appealed from two consolidated IPR decisions finding multiple claims unpatentable as obvious. The Federal Circuit affirmed, addressing several discrete issues. It first addressed the foremost issue of “whether 35 U.S.C § 314(d)’s ‘No Appeal’ provision bars this court’s review of the Board’s conclusion that under § 315(e)(1) a petitioner is not estopped from maintaining the IPR proceeding before it.” Next, the Court addressed multiple challenges to the Board’s estoppel conclusions. Finally, the Court addressed challenges to the Board’s findings of unpatentability on all claims and the Board’s claim construction of the term “attaches to.”
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Fed. Circ. Affirms Letting J&J Reveal Manufacturer In IP Row
Law360 (March 12, 2021, 10:47 PM EST) The Federal Circuit on Friday upheld a decision allowing a Johnson & Johnson unit to disclose the manufacturer allegedly partnering with a private equity-owned rival on products that are accused of infringing one of its orthopedic patents, rejecting an argument that the information was a trade secret.
The three-judge panel dealt Veterinary Orthopedic Implants Inc. a loss in its appeal of a 2019 ruling from Florida U.S. District Judge Harvey Schlesinger, who found the absence of a confidentiality agreement between VOI and its manufacturer meant that J&J unit DePuy Orthopaedics Inc. was free to add the company to DePuy s amended complaint..
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