Federal Circuit Review - March 2021 | Knobbe Martens
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Doctrine of Equivalents Analysis Should Not Be Simple Binary Comparison | McDermott Will & Emery
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Uniloc 2017 LLC v. Facebook Inc.
, Appeal Nos. 2019-1688, -1689 (Fed. Cir. Mar. 9, 2021)
In this week’s Case of the Week, Uniloc appealed from two consolidated IPR decisions finding multiple claims unpatentable as obvious. The Federal Circuit affirmed, addressing several discrete issues. It first addressed the foremost issue of “whether 35 U.S.C § 314(d)’s ‘No Appeal’ provision bars this court’s review of the Board’s conclusion that under § 315(e)(1) a petitioner is not estopped from maintaining the IPR proceeding before it.” Next, the Court addressed multiple challenges to the Board’s estoppel conclusions. Finally, the Court addressed challenges to the Board’s findings of unpatentability on all claims and the Board’s claim construction of the term “attaches to.”