October 20, 2021

Volume XI, Number 293

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October 20, 2021

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New Vision Wins Another Chance to Defend Gaming Patents Following Arthrex Remand

IIThe Court granted New Vision’s request to vacate and remand the Board’s decision in light of the Court’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) finding that New Vision did not waive the challenge because the Arthrex decision issued after the Board’s final written decision.

Judge Newman filed an opinion concurring in part and dissenting in part.  Judge Newman agreed that the Board’s decision must be vacated under Arthrex.  However, Judge Newman argued that the Court should first determine whether the forum selection clause in the parties’ license agreement barred SG Gaming from pursuing CBM review before deciding whether remand is appropriate.  Judge Newman argued that this is a threshold issue that should be determined because if the parties are committed to resolving any disputes in Nevada, there is no basis for new PTAB proceedings on remand.

© 2021 Finnegan, Henderson, Farabow, Garrett & Dunner, LLPNational Law Review, Volume XI, Number 140
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About this Author

Caitlin O’Connell Intellectual Property Litigation Attorney Finnegan Law Firm
Associate

Caitlin O’Connell focuses her practice on patent litigation and client counseling in the areas of biotechnology and pharmaceuticals, with particular emphasis on Abbreviated New Drug Application (ANDA) cases.

Caitlin is involved in all phases of litigation, including pre-litigation analysis, claim construction, fact discovery, expert discovery, and trial. Caitlin’s litigation experience includes drafting pleadings, preparing fact and corporate witnesses for depositions, coordinating discovery, working with experts to develop infringement and validity positions, preparing expert...

202 408 4004
Elizabeth Ferrill Patent Attorney Finnegan Law Firm
Partner

Elizabeth Ferrill is an “undisputed expert on design patents” who is “always updated and enlightening others with her deep knowledge,” “very involved in the design bar,” and “gives her clients an outstanding service” as noted in Intellectual Asset Management Patent 1000. She focuses her practice on all aspects of design patents, including prosecution, counseling, post-grant, and litigation.

Elizabeth counsels clients who hold design patents as well as those accused of infringement. She has experience with design patents related to consumer and industrial products, medical...

202 408 4445
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