Recent News on the Federal Circuit

  • ITC Cases Mean No Agency Patent Review for Nintendo, SK Innovation – Applying the NHK-Fintiv factors, the Patent Trial and Review Board refused to review Nintendo‚Äôs challenge to a video game controller patent.
  • Supreme Court Will Review Doctrine of Assignor Estoppel – The Supreme Court granted certiorari last Friday in Minerva Surgical Inc. v. Hologic Inc., on appeal from the Federal Circuit. The case asks the justices to resolve whether a defendant in a patent infringement action who assigned the patent or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.

Here’s the latest.

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