Tag: En banc

Attorney Fees, Nonpracticing Entities, PTAB

USPTO’s attorney fees do not fall within Section 145’s “expenses” after district court appeal

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Nantkwest v. Iancu was decided en banc on July 27, 2018 on appeal from the Eastern District of Virginia. The USPTO rejected Nantkwest’s patent application on obviousness grounds. The PTAB affirmed the rejection, and Nantkwest appealed to the district court under 35 U.S.C. § 145. After prevailing at the district court, the …

Defendant Friendly, Equitable Estoppel, Injunctions, Laches

Laches may bar the recovery of damages for a suit brought within the limitations period

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SCA Hygiene v. First Quality was decided en banc on September 18, 2015 on appeal from the Western District of Kentucky. Late October in 2003, plaintiff SCA alleged through a letter that defendant First Quality’s absorbent diapers infringed its patent. First Quality replied about a month later that the patent was invalid. In July …