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Federal Circuit Addresses Printed Publications Under 35 U S C § 102 and the APA Notice Requirement in Inter Partes Reviews | BakerHostetler

In a precedential opinion, M&K Holdings, Inc. v. Samsung Electronics, Inc. (Fed. Cir. Feb. 1, 2021), the Federal Circuit further clarified the scope of prior art printed publications under 35 U.S.C. § 102. The Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision that the prior art at issue in an inter partes review proceeding, which had been generated as part of a joint task force for establishing industry standards, qualified as a printed publication. In addition, the Federal Circuit addressed the issue of notice under the Administrative Procedure Act (APA). The Federal Circuit vacated the PTAB’s finding of anticipation with respect to one of the claims at issue, holding that because the underlying petition for

US ITC to investigate Ericsson complaint against Samsung over 5G wireless equipment

U S ITC to investigate Ericsson complaint against Samsung over 5G wireless equipment

2 Min Read WASHINGTON (Reuters) - The U.S. International Trade Commission (ITC) said on Tuesday it would open an investigation after Ericsson claimed Samsung Electronics Inc had infringed on some of its patents in 4G and next generation 5G wireless cellular communications infrastructure systems. Slideshow ( 2 images ) Ericsson said the Samsung products infringing on its patents are on the tower side of cellular communications, including antennas, radios and base stations and core network products that wirelessly connect to mobile phones and other cellular equipment. Ericsson, which filed its complaint with the ITC on Jan. 15, also sued Samsung in U.S. District Court in Texas with allegations of patent infringement last month.

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