Estoppel by Inaction, BPAI Forecloses Argument in Patent Reexamination

Silence in Original Prosecution History Used Against Patent Owner As discussed previously, prosecution history is applied inconsistently in patent reexamination claim interpretation analysis . In applying a plain meaning analysis to claim language, prosecution history is considered as a necessary...

Concluded Ex Parte Reexamination Results Ignored by District Court?

Estoppel of 35 USC § 317(b) Applies Only to Inter Partes Patent Reexamination One of the risks often associated with ex parte patent reexamination is that an outcome favorable to a patent holder is considered to "gold plate" a patent that is later asserted against the requester...

Turning Off an Inter Partes Patent Reexamination

Can an Ongoing Patent Reexamination be Stopped? With most patent reexaminations now being conducted concurrent to a district court or ITC proceeding, a common question of such plaintiffs is "what becomes of the patent reexamination once the litigation settles?" In the case of ex parte...

Five Recent Cases You Should Know About (8/27/2010)

Larson's Spotlight on Bystander Exposure, Subpoena in Fraud Case, Exclusive Remedy Rule, Job Demotion, Surveillance Evidence. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Appleman on Insurance

Appleman on Insurance is recognized as the most authoritative, comprehensive and up-to-date reference in the field of insurance law. It covers all aspects of insurance law, including: contract formation; rights and duties under the insurance policy; duties and liabilities of agents and brokers; liability...

SNR Denton on Santa’s Best Craft, L.L.C. v Zurich American Insurance Co.: Insurer May Reasonably Dispute Independent Counsel’s Fees Without Risking Estoppel

By William T. Barker, Partner, SNR Denton An Illinois insurer that breaches its duty to defend may be estopped to assert coverage defenses to the duty to indemnify. In Santa’s Best Craft, L.L.C. v Zurich American Insurance Co. , the insured denied that the insurer was entitled to question the...

Split Georgia High Court Affirms Summary Judgment for Construction Company

ATLANTA - In a 4-3 decision, the Georgia Supreme Court recently upheld summary judgment for a construction company accused of building a defective deck on a home that later collapsed and caused the plaintiff to be injured, ruling that the doctrine of estoppel does not invalidate the statute of repose...

Cal. Comp. Cases May Advanced Postings (5/11/2011)

Here's the third batch of advanced postings for the May 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Pasadena Unified School District, PSI, administered by Corvel Corporation, Petitioner v. Workers' Compensation Appeals...

Patents Post-Grant: Limited Patent Reexamination Choices for Late Stage Litigants

Inter Partes Patent Reexamination is Not Always the Best Choice In the case of Inventio AG v. Otis Elevator Co. (SDNY) [ enhanced version available to lexis.com subscribers ] , the Court found that entry of a permanent injunction was against public interest where a pending ex parte patent reexamination...

Troutman Sanders LLP: Defendant Cashes-In Bet on Prosecution History Estoppel

By Matthew Osborne Judge Hilton, in a textbook case of Prosecution History Estoppel , granted a fitness equipment manufacturer summary judgment of non-infringement without breaking a sweat. The 24 page opinion in Fitness Gaming Corp. v. Icon Health & Fitness, Inc. , Case No. 1:11CV200, 2011...

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold," the requirement of prejudice, and the duty of...

The Ambiguous Insurer: Cal. Comp. Cases November Advanced Postings (10/27/2011)

Featured Case of the Week: Insurer’s Ambiguous Acts Estopped It From Denying Insurance Coverage to Employer © Copyright 2011 LexisNexis. All rights reserved. Granite State Insurance Company/Chartis (formerly AIG), Petitioner v. Workers' Compensation Appeals Board, Rose International...

The Ambiguous Insurer: Cal. Comp. Cases November Advanced Postings (10/27/2011)

Featured Case of the Week: Insurer’s Ambiguous Acts Estopped It From Denying Insurance Coverage to Employer © Copyright 2011 LexisNexis. All rights reserved. Granite State Insurance Company/Chartis (formerly AIG), Petitioner v. Workers' Compensation Appeals Board, Rose International...

Patents Post-Grant: USPTO to Revise Ex Parte Patent Reexamination Procedures

Ex Parte Patent Reexamination Practices Adjusted to Account for Estoppel The new estoppel provisions of Inter Partes Review (IPR) and Post Grant Review (PGR) differ from the previous estoppel provisions of inter partes patent reexamination in that they not only prevent a subsequent request...

Patents Post-Grant: USPTO Proposal to Destabilize Large Patent Portfolios

Rules to Implement Post Grant Proceedings to Add New Layer of Patentee Estoppel The estoppel impact of inter partes patent reexamination (IPX) has long been a concern for third party requesters. Should an IPX requester fail in its attempt to invalidate a patent before the USPTO, the estoppel provisions...

Patents Post-Grant: AIA Changes to Greatly Increase Stays of District Court Actions?

Speedy, One Sided Estoppel to Force Judicial Deference The estoppel provisions of Post Grant Review (PGR) and Inter Partes Review (IPR) are markedly different than those in existence today for I n ter Partes Reexamination (IPX). Most importantly, PGR/IPR estoppel attaches upon a written determination...

SNR Denton LLP on Maxwell v. Hartford Union High School District: Wisconsin Supreme Court Rejects Broadening Coverage by Estoppel but Approves Forfeiture of Coverage Defenses for Breach of Duty to Defend

By William T. Barker, Partner, SNR Denton Most jurisdictions hold that a liability insurer that assumes control of its insured's defense without reserving a right to deny indemnity can be estopped from asserting indemnity coverage defenses that it knew or should have known about but failed...

California: Zombie Liens and Statute of Limitations

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Medical; Statute of Limitations. WCAB affirmed WCJ’s order disallowing balance of lien claimant’s lien filed on 2/3/2011...

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter. And speaking of precocious, Mike was right fully...

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter. And speaking of precocious, Mike was right fully...

Patents Post-Grant: Anonymity of Patent Reexamination Requests

Revised Rule on Anonymous Requests Subject to Practitioner Interpretation The estoppel provisions of Inter Partes Review (IPR), Post Grant Review (PGR), and the Transitional Program for Covered Business Method Patents (TPCBMP) will impact related court proceedings involving the same patent , and USPTO...

Fitch, Even, Tabin & Flannery LLP: Citation of Patent Owner Statements and Application of Estoppel to Ex Parte Reexamination

The Leahy-Smith America Invents Act (AIA) expands the scope of information that third parties may cite in a patent file to include written statements of a patent owner filed in a proceeding before a federal court or before the U.S. Patent and Trademark Office (USPTO). The AIA also provides for the application...

Patents Post-Grant: The Asymmetric Estoppel of Business Method Patent Challenges

Unsuccessful CBM Challengers Forced Back into Court? As discussed last week [Oct. 8th - 12th], the Transitional Program for Covered Business Method Patents, or "CBM" proceeding offers significant advantages to qualifying patent challengers . While technically a Post Grant Review (PGR) proceeding...

The Thanksgiving Post: Better Late Than Never Does Not Apply To Delaware “Payment Without Prejudice”

I offer a big holiday shout out to Jeffrey Friedman of Silverman, McDonald and Friedman. While I have always considered Jeff's biggest accomplishment to be snagging Tiffany Quell for his bride, followed by snagging Mike Silverman for his partner, today's case is a reason to give thanks to Jeff...

The Thanksgiving Post: Better Late Than Never Does Not Apply To Delaware “Payment Without Prejudice”

I offer a big holiday shout out to Jeffrey Friedman of Silverman, McDonald and Friedman. While I have always considered Jeff's biggest accomplishment to be snagging Tiffany Quell for his bride, followed by snagging Mike Silverman for his partner, today's case is a reason to give thanks to Jeff...