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IPO Daily News™

Friday, 24 May 2019

Exception to Issue Preclusion Did Not Apply


Papst Licensing GMBH & Co. KG v. Samsung Elecs. Am., 18-1777 — Yesterday in an opinion by Judge TARANTO, the Federal Circuit upheld a USPTO inter partes review decision that Papst’s claims were obvious. Papst’s patent was related to an interface device for communication between a data device and a host computer that achieves high data transfer rates without the need for a user-installed driver specific to the interface device. Papst argued that the USPTO erred in its claim construction and findings about the teaching of the Aytac patent.

The Federal Circuit found that issue preclusion applied because the USPTO’s resolution against Papst of the claim construction and Aytac-teaching issues was essential to a previous IPR decision involving a Papst patent that shared the same specification and had related claim terms. The Court found that Papst had not shown that an exception to issue preclusion applied, noting that Papst’s course of action with respect to litigation of the prior decisions “leaves it without a meaningful basis to argue for systemic efficiencies as a possible reason for an exception to issue preclusion.” The Court also found that Papst’s arguments failed on their merits.
(1 to 4 stars rate impact of opinion on patent & trademark law)


Bloomberg Reports on Huawei Trade Secrets Suit against Former Employee

Earlier this week, Bloomberg reported on Huawei’s lawsuit against a former employee it says stole the company’s secret to establish his own company.

Deckers Outdoor Corp. Sues Retailers for Copying UGG Boots

This week the U.S. company that makes UGG boots, Deckers Outdoor Corp., sued Wal-Mart, Kmart, and Aeropostale for trade dress and design patent infringement, claiming that the retailers copied the designs for its popular boots. (Reuters)

Law & Advocacy

Friday, February 21, 2014


During the quarterly meeting of the USPTO’s Patent Public Advisory Committee (PPAC), Chief Financial Officer TONY SCARDINO reported that the 2014 appropriations bill signed in January funds the USPTO at $3.024 billion – $90.8 million above the fiscal 2013 enacted level and $238.3 million above the fiscal 2013 sequestration level. The budget will allow the USPTO to hire 1,000 patent examiners and 63 administrative patent judges and provides funding related to opening satellite offices in San Jose, Denver, and Dallas. Projected 2014 spending is estimated at $2.948 billion. The White House will release its fiscal 2015 budget on March 4.

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