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Old Dawg, Still the Same Tricks: Bankruptcy Asset Successor is Also Inter Partes Re-Exam Successor | McDermott Will & Emery

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The US Court of Appeals for the Federal Circuit issued a modified opinion correcting certain facts relating to a decision in which it originally concluded that because a plaintiff was a successor in bankruptcy, it was a successor in an
inter partes re-examination.
Mojave Desert Holdings, LLC v. Crocs, Inc., Case No. 20-1167 (Fed. Cir. Apr. 21, 2021 (modified), Feb. 11, 2021 (original)) (Dyk, J.)
In its original decision, the Court found that Mojave should be substituted for the original requestor following the sale of the original re-examination requestor’s right, title and interest in, to and under its assets to a holding company, which further assigned such assets and interests to Mojave. After the decision, Crocs moved for reconsideration because the original opinion incorrectly found that Mojave was the original requestor’s successor-in-interest. Instead, Crocs argued that Mojave had simply acquired assets from the original requestor, including litigation claims. Crocs argued that this distinction necessitated reconsideration of the original decision.

Mojave-desert-holdings , Crocs-inc , Us-court , Mcdermott-will , Federal-circuit , மோஜாவே-பாலைவனம்-ஹோல்டிங்ஸ் , முதலைகள்-இன்க் , எங்களுக்கு-நீதிமன்றம் , மக்டர்மட்-விருப்பம் , கூட்டாட்சியின்-சுற்று ,

Bankruptcy Asset Successor is Also Inter Partes Re-Exam Successor

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Mojave-desert-holdings , Crocs-inc , Us-court , Federal-circuit , மோஜாவே-பாலைவனம்-ஹோல்டிங்ஸ் , முதலைகள்-இன்க் , எங்களுக்கு-நீதிமன்றம் , கூட்டாட்சியின்-சுற்று ,

Latest Federal Court Cases - April 2021 #3 | Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2021 #3 | Schwabe, Williamson & Wyatt PC
jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.

Nika-aldrich , Dawgs-to-holdings , Mojave-desert-holdings , Dawgs-holdings , Crocs-inc , Dawgs-inc , Desert-holdings , Federal-circuit , நிகா-ஆல்ட்ரிச் , டாக்ஸ்-க்கு-ஹோல்டிங்ஸ் , மோஜாவே-பாலைவனம்-ஹோல்டிங்ஸ் , டாக்ஸ்-ஹோல்டிங்ஸ்

Fed Cir: Bankruptcy Successor Also Inter Partes Re-Exam Successor

Fed Cir: Bankruptcy Successor Also Inter Partes Re-Exam Successor
natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.

Dawgs-to-holdings , Mojave-desert-holdings , Us-patent-trademark-office , Dawgs-holdings-to-mojave , Dawgs-holdings , Crocs-inc , Us-court , Patent-trial , Appeal-board , Federal-circuit , Trademark-office

Latest Federal Court Cases - February 2021 #2 | Schwabe, Williamson & Wyatt PC

Amgen Inc. v. Sanofi
, Appeal No. 2020-1074 (Fed. Cir. Feb. 11, 2021)
In this week’s Case of the Week, the Federal Circuit affirmed a district court’s JMOL ruling that asserted claims of two related pharmaceutical patents were invalid because their shared specification did not enable the full scope of the claims. The patents were directed to synthetic antibodies used in high cholesterol treatments that operate by binding to specified amino acids (or “residues”) of enzyme PCSK9, thereby blocking PCSK9 from binding to LDL cholesterol receptors (“LDLR”) and permitting those receptors to remove LDL cholesterol from the bloodstream.
The claims at issue contained dual functional limitations, requiring that a claimed antibody both bind to at least one or two of numerous listed PCSK9 residues (i.e., in ranges from one or two residues to all of them), and that the antibodies block the PCSK9/LDLR interaction. Appellee Sanofi contended that because there are millions of antibody candidates potentially falling within the scope of the claims, and because antibody generation is unpredictable, practicing the full scope of the claims would require substantial trial and error in screening each candidate antibody for the claimed binding and blocking functionalities. Appellant patent owner Amgen contended that in finding the claims not enabled, the district court erred by focusing on the effort required to discover and make every embodiment of the claims, that the patent adequately disclosed the required screening methods, and that the examples provided were sufficiently structurally representative to enable the claims.

Bazsi-takacs , Anniee-white , Nikaf-aldrich , Scottd-eads , Michaela-cofield , Jason-wrubleski , Amgen , Us-patent-office , Synchronoss-technologies-inc , Loyalty-inc , Maritz-holdings-inc , Dawgs-inc

Old Dawg, New Tricks: Bankruptcy Successor Is Also Inter Partes Re-Exam Successor | McDermott Will & Emery

Reversing the Patent Trial and Appeal Board, the US Court of Appeals for the Federal Circuit concluded that because a plaintiff was a successor in bankruptcy, it was a successor in an...

Dawgs-to-holdings , Mojave-desert-holdings , Us-patent-trademark-office , Dawgs-holdings-to-mojave , Dawgs-holdings , Crocs-inc , Us-court , Mcdermott-will , Patent-trial , Appeal-board , Federal-circuit

Crocs challenger allowed to appeal patent suit

Crocs challenger allowed to appeal patent suit
12-02-2021
24-10-2019
Mojave Desert Holdings has been allowed to substitute U.S.A Dawgs in the appeal case following its acquisition of all U.S.A Dawgs assets in 2018 after the sandal-maker’s bankruptcy.
Crocs contested that Mojave Holdings should act as substitute for the case. It also claimed Mojave lacks standing in picking up U.S.A Dawg’s appeal case as it does not face a potential suit.
The Crocs figurative patent is filed under US number D517,789 and includes a single claim for “ornamental design for footwear”. According to the company, this patent is the basis for its “iconic clog design”.

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