Art Dykhuis

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Art Dykhuis focuses his practice on complex patent litigation. He counsels clients in various technology areas, including pharmaceuticals, medical devices, electronics, software and mechanical devices. He has experience in district court, at the USPTO before the PTAB, and before the Federal Circuit. Art handles all aspects of litigation, including pre-trial investigations, initiating litigation, discovery, taking and defending depositions, working with experts and trial. Read Art Dykhuis's full bio.

“Self-Similar” More Objective Than One Might Think


By on Jun 9, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision holding that the term “self-similar” was not indefinite and denying leave to file a sanctions motion. ClearOne, Inc. v. Shure Acquisition Holdings, Case No. 2021-1517 (Fed. Cir. June 1, 2022) (Moore, Newman, Hughes, JJ.) Shure owns a...

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Use of Negative Claim Construction is Unsound


By on May 19, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated a district court’s noninfringement decision that was based on a negative claim construction and remanded with instructions for the district court to determine what affirmative claim construction should be adopted. Sound View Innovations, LLC v. Hulu, LLC, Case No. 21-1998 (Fed. Cir. May 11, 2022)...

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Establishing Indefiniteness Requires More Than Identifying “Unanswered Questions”


By on Feb 3, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit reversed a district court finding of indefiniteness for focusing solely on the language of the claims and ignoring the specification and prosecution history. Nature Simulation Systems Inc. v. Autodesk, Inc., Case No. 20-2257 (Fed. Cir. Jan. 27, 2022) (Newman, Lourie JJ.) (Dyk, J., dissenting). Nature Simulations...

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IPR on Written Description? Claims Found Unpatentable Based on Lack of Entitlement to Priority Date


By on Dec 9, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) ruling, based on a written description analysis, that certain claims were invalid as anticipated by an earlier priority application from the same family. Indivior UK Ltd. v. Dr. Reddy’s Labs. S.A., Case Nos. 20-2073, -2142 (Fed. Cir. Nov....

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