Dexter Hamilton
Subscribe to Dexter Hamilton's PostsDexter Hamilton focuses his practice on intellectual property litigation matters. Read Dexter Hamilton's full bio.
Get a Grip: Not All Cords Have Handles
By Dexter Hamilton on Mar 20, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a district court’s grant of summary judgment of noninfringement because the district court improperly narrowed a claim term during its construction. IQRIS Technologies LLC v. Point Blank Enterprises, Inc. et al., Case No. 2023-2062 (Fed. Cir. Mar. 7, 2025) (Lourie, Linn, Stoll, JJ.) IQRIS sued...
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An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved
By Dexter Hamilton on Mar 13, 2025
Posted In Patents
Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board decision that affirmed a rejection of claims in the subject patent application. In the initial appeal, no...
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Small-Market Segment Can Still Satisfy Domestic Industry Requirement
By Dexter Hamilton on Feb 20, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commission’s domestic industry requirement. Wuhan Healthgen Biotechnology Corp. v. International Trade Commission, Case No. 23-1389, (Fed. Cir. Feb. 7, 2025) (Moore, Chen, Murphy, JJ.) Ventria Bioscience...
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Judicial Bias and Erroneous Admission of Expert Testimony Prompt Case Reassignment
By Dexter Hamilton on Feb 13, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s decision to admit expert testimony and remanded the case to a different judge, noting that “from the moment this case fell in his lap, the trial judge’s statements indicate that he did not intend to manage a fair trial with respect to...
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A Lynk to the Past: Published Applications Are Prior Art as of Filing Date
By Dexter Hamilton on Jan 23, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision finding challenged claims invalid based on a published patent application that, in an inter partes review (IPR) proceeding, was found to be prior art as of its filing date rather than its publication date. Lynk Labs, Inc. v....
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Change Between Provisional and Nonprovisional Application Is Lexicography
By Dexter Hamilton on Dec 19, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court judgment of noninfringement, finding that deleting a portion of a definition between a provisional application and a nonprovisional application was evidence that the patentee intended to exclude the deleted language from the claim scope. DDR Holdings, LLC v. Priceline.com LLC and Booking.com...
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Chill Out: Request for Profit Disgorgement Isn’t Entitled to Jury Trial
By Dexter Hamilton on Dec 5, 2024
Posted In Trademarks
The US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a plaintiff was not entitled to a jury trial regarding its trade dress infringement claim and that the plaintiff failed to prove that its trade dress had acquired the required secondary meaning. National Presto Industries Inc. v. U.S. Merchants Financial...
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