Perilla Knox & Hildebrandt LLP, a boutique intellectual property law firm, proudly marks its third anniversary, celebrating significant growth and the opening of a new satellite office in Boca Raton, Florida.

Perilla Knox & Hildebrandt LLP is excited to welcome Usha Parker to the firm. With nearly two decades of experience in intellectual property law and a strong technical background, Usha brings a wealth of knowledge and expertise that will be invaluable to our clients.

In US Synthetic Corp. v. ITC, the Federal Circuit issued a precedential decision providing useful guidance on the application of 35 U.S.C. § 101, which governs patent eligibility. Specifically, the court addressed whether the claims of U.S. Patent No. 10,508,502 (the ’502 patent) were directed to an abstract idea and thus ineligible for patent protection. The case offers valuable clarification on how to assess claims involving physical compositions of matter under the two-step framework established by the Supreme Court in Alice Corp. v. CLS Bank International.

In Kroy IP Holdings, LLC v. Groupon, Inc., the Federal Circuit reversed a district court’s dismissal of Kroy’s patent infringement claims on the grounds of collateral estoppel. The court clarified that inter partes review (IPR) decisions by the Patent Trial and Appeal Board (PTAB), which use a lower burden of proof, do not automatically preclude litigating related but unadjudicated patent claims in district court.

In a precedential and significant ruling that clarifies when a published patent application can serve as prior art in an inter partes review (IPR), the Federal Circuit has affirmed the Patent Trial and Appeal Board’s (PTAB) decision in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd. The case hinged on the determination of whether a published patent application is considered prior art as of its filing date or its publication date.

In Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) decision finding claims of U.S. Patent No. 10,687,400 unpatentable. The court ruled that under 35 U.S.C. § 102(e)(1), published patent applications are considered prior art as of their filing date in inter partes review proceedings, rejecting Lynk Labs' argument that they should only qualify as prior art from their publication date.

In a move aimed at reinforcing justice, efficiency, and fairness, the Intellectual Property Court of the Supreme People's Court in China has unveiled a comprehensive reform outline. With a specific focus on intellectual property rights, the reforms may lead to increased damages for intellectual property infringement, signaling a stronger deterrent against violations and greater protection for innovators. Set against the backdrop of China's modernization efforts, the reform framework reflects a determined push to ensure that intellectual property rights are safeguarded and that violators face stricter consequences.