In re North Carolina Lottery, 866 F.3d 1363 (Fed. Cir. 2017)
Aug 10, 2017OUTCOME: Agency position affirmed on appeal.
Trademark registration issue.
William Lamarca's Legal Cases (12)
Alexandria, VA
Litigation Lawyer at Alexandria, VA
Practice Areas: Litigation, Appeals ... +3 more
Samsung Electronics Co. v. Apple, 137 S.Ct. 429 (2016)
Dec 06, 2016OUTCOME: (1) "article of manufacture,” as in Section 289, encompasses both a product sold and a component of that product, and (2) components of infringing product could be relevant “article of manufacture,” although components could not be purchased separately.
Interpretation of Section 289 of the Patent Act, which makes it unlawful to manufacture or sell an “article of manufacture” to which a patented design or a colorable imitation thereof has been applied ... and makes an infringer liable to the patent holder “to the extent of his total profit.” 35 U.S.C. § 289. Government filed an amicus brief.
Immersion Corp. v. HTC Corp., 826 F.3d 1357 (Fed. Cir. 2016)
Jun 21, 2016OUTCOME: Agency position affirmed
Agency's interpretation of 35 USC 120 in defining the filing requirements for a "continuation" application.
Schott Gemtron v SSW v PTO, 612 Fed. Appx 614 (Fed. Cir. 2015)
Jan 01, 2015OUTCOME: Agency's Position Affirmed
Agency intervened to defend is procedure authorizing the Board to institute an IPR on less than all grounds proposed in an IPR petition. Addressed the non reviewabilty of the agency's institution decis ... ion and estoppel provisions in the AIA statute.
Helferich v. CBS Interactive, 599 Fed. Appx. 955 (Fed. Cir. 2015)
Jan 01, 2015OUTCOME: agency's position affirmed
PTO intervened to defend the agency's authority to deny a “motion to amend” during an IPR for failure to establish patentability over known prior art.
Medtronic v. Mirowski, 134 S.Ct. 843 (2013)
Jan 22, 2014OUTCOME: government's position agreed with
Gov’t filed an amicus brief supporting petitioner’s view that patentee bears burden of proving infringement even when postured as a defendant in a Declaratory Judgment Action.
In re Owens, 710 F.3d 1362 (Fed. Cir. 2013)
Jan 01, 2013OUTCOME: agency's board decision affirmed
Design patent law --written description requirment under 35 USC 112.
Antor Media, 689 F.3d 1282 (Fed. Cir. 2012)
Jul 27, 2012OUTCOME: agency's board decision affirmed
In the patent field, prior art printed publication are presumptively enabled just like prior art patents; claim construction; anticipation; telecommunications.
Microsoft v. i4i, 131 S. Ct. 2238 (2011)
Jun 11, 2011OUTCOME: favorable to government's position
35 USC § 282 presumption of patent validity, burden of establishing invalidity by “clear and convincing” evidence.
Microsoft Corp. v. i4i Partnership, 564 U.S. 91 (2011)
Apr 18, 2011OUTCOME: Federal Circuit Affirmed. Held: Section 282 requires an invalidity defense to be proved by clear and convincing evidence.
Invalidity defense burden of "clear and convincing" evidence. Presumption of validity in an issued patent under 35 U.S.C. § 282.
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