Category Archives: Upcoming Arguments

Spotlight on Upcoming Oral Arguments – August 2017

Spotlight on Upcoming Oral Arguments – February 2017

Authors: Kate Leonard*
Editor: Caitlin O’Connell & Lily Robinson

Tuesday, August 8, 2017

EmeraChem Holdings v. Volkswagen Group of America, No. 16-2619, Courtroom 201

In this appeal from the PTAB, the Court will decide whether the Board erred in adopting a claim construction in its Final Written Decision that differed from the claim construction explicitly adopted in its Institution Decision. EmeraChem argues that the Board’s “change of theory midstream” deprived it of notice and an opportunity to address the new claim construction. Volkswagen argues that there is no fixed deadline by which a claim term must be finally construed. Volkswagen further argues that the Institution Decision signaled that the Board’s construction could potentially change since EmeraChem did address Volkswagen’s claim construction in its Preliminary Response.
Continue reading

Tagged

Spotlight on Upcoming Oral Arguments – July 2017

Spotlight on Upcoming Oral Arguments – February 2017

Authors: Courtney Kasuboski*
Editor: Caitlin O’Connell & Lily Robinson

Monday, July 10, 2017

Nalco Company v. Chem-Mod, LLC, No. 17-1036, Courtroom 201

This appeal arises from a Northern District of Illinois decision dismissing Nalco’s infringement complaint with prejudice and denying its motion for reconsideration. Nalco argues that the law does not require pleading all underlying evidence, but rather only requires evidence sufficient to establish entitlement to relief and notice of its claim. Chem-Mod argues that the district court properly dismissed Nalco’s complaint with prejudice after Nalco repeatedly failed to plead sufficient facts to establish a plausible claim and properly rejected Nalco’s attempt to bolster its complaint with materials put before the court in its motion for reconsideration.
Continue reading

Tagged

Spotlight on Upcoming Oral Arguments – June 2017

Spotlight on Upcoming Oral Arguments – February 2017

Authors: Kate Leonard*
Editor: Caitlin O’Connell & Lily Robinson

Monday, June 5, 2017

In Re NFC Technology, No. 16-1808, Courtroom 201

In this appeal from the PTAB, the Federal Circuit will address whether the Board exceeded its authority in an inter partes review by sua sponte raising a conception/lack of inurement defense on behalf of Petitioner HTC.  Patent owner NFCT argues that the Board’s actions deprived NFCT of the opportunity to respond to the inurement defense prior to the Board issuing its final written decision.  The PTO argues that NFCT raised the issue of conception and that the Board’s analysis of the issue was not restricted to the rebuttal arguments raised by HTC in its Reply.
Continue reading

Tagged