Christian Tatum

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Christian Tatum focuses his practice on intellectual property matters, including patent litigation and post-grant proceedings. He has worked with clients in a variety of technology sectors, including energy generation, aerospace and semiconductor. Read Christian Tatum's full bio.

Got Pillaged? Not If You Didn’t Follow the APA and FTCA

By Christian Tatum on Oct 10, 2024
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office (PTO) relating to “pillaged patents.” The Federal Circuit found that dismissal was appropriate because the plaintiff failed to exhaust administrative...

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First Rule of the PTAB? Play by the Rules

By Christian Tatum on Jun 22, 2023
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed two Patent Trial & Appeal Board decisions holding the challenged claims unpatentable as obvious, even though the Board declined to consider evidence of antedating and found that the claims lacked written description support. Parus Holdings, Inc. v. Google LLC, Case Nos. 22-1269; -1270 (Fed. Cir. June...

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No Extra Life: Harmless Claim Construction Error Does Not Restart Invalidity Challenge

By Christian Tatum on May 18, 2023
Posted In America Invents Act, Patents

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision, finding that under the harmless error rule, the challenged claims were invalid as obvious even if the Board erred in claim construction. Bot M8 LLC v. Sony Interactive Entertainment LLC, Case Nos. 22-1291 (Fed. Cir. May 9, 2023) (Prost, Reyna,...

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