Connor M. Larson
Subscribe to Connor M. Larson's PostsConnor Larson focuses his practice on intellectual property litigation. Read Connor Larson's full bio.
Plausible Alternative Understanding of Prior Art? So What?
By Connor M. Larson on Dec 12, 2024
Posted In Patents
Affirming the Patent Trial & Appeal Board’s final determination that three claims were invalid for obviousness, the US Court of Appeals for the Federal Circuit ruled that a “plausible alternative understanding” of the prior art did not compel a reversal under the substantial evidence review standard. Koninklijke KPN N.V. v. Vidal, Case No. 19-2447 (Fed....
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A Lesson in Judicial Principles: No Dismissal After Decision
By Connor M. Larson on Dec 5, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit denied a patent owner’s motion to voluntarily dismiss the appeal following the Federal Circuit’s decision to vacate and remand the case to the Patent Trial & Appeal Board but before the mandate issued. Cisco Sys., Inc. v. K.Mizra LLC, Case No. 22-2290 (Fed. Cir. Nov. 19,...
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Don’t Tread on Illinois’ Absolute Litigation Privilege
By Connor M. Larson on Oct 17, 2024
Posted In Trademarks
Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid trade dress and reversed the district court’s decision that declined to apply the absolute litigation privilege as a complete defense to all of...
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Testing Negative: Collateral Order Doctrine Precludes Appellate Jurisdiction
By Connor M. Larson on May 23, 2024
Posted In Patents
Addressing appellate jurisdiction in view of the collateral order doctrine, the US Court of Appeals for the Federal Circuit dismissed an appeal of a district court’s ruling denying a motion to dismiss because the district court’s order did “not conclusively determine any issue.” Copan Italia S.p.A. v. Puritan Med. Prod. Co. LLC, Case No. 22-1943...
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Say What? Recitation Entitled to Patentable Weight When Not “Communicative Content”
By Connor M. Larson on May 16, 2024
Posted In Patents
Addressing when claimed printed matter is entitled to patentable weight, the US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s ruling involving the printed matter doctrine, explaining that the claimed subject matter was not communicative content. IOEngine, LLC v. Ingenico Inc., Case No. 21-1227 (Fed. Cir. May 3, 2024)...
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Drawing Can Teach Claim Limitations If “Clear on Its Face”
By Connor M. Larson on Apr 18, 2024
Posted In Patents
Addressing when a drawing in a prior art reference includes a teaching that is “clear on its face,” the Director of the US Patent & Trademark Office vacated and remanded a Patent Trial & Appeal Board decision denying institution of an inter partes review (IPR) petition. MAHLE Behr Charleston Inc. v. Catalano, IPR2023-00861 (PTAB Decision...
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Still Exceptional: Fee-Shift Appropriate in View of Noninfringement Stipulation
By Connor M. Larson on Nov 16, 2023
Posted In Patents
In a split decision, the US Court of Appeals for the Federal Circuit affirmed a district court’s award of more than $5 million in attorneys’ fees, finding that the district court did not abuse its discretion in finding the underlying case “exceptional” under 35 U.S.C. § 285 or in calculating the total fees awarded. In...
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