Art Dykhuis
Subscribe to Art Dykhuis's PostsArt 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.
Consider Invention When Assessing Support for Claimed Range
By Art Dykhuis on Feb 29, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed in part and vacated in part a Patent Trial & Appeal Board finding that the claims at issue were either invalid under 35 U.S.C. §112 as unsupported by written description or obvious under 35 U.S.C. §103. RAI Strategic Holdings, Inc. v. Philip Morris Products S.A.,...
Continue Reading
Establishing Indefiniteness Requires More Than Identifying “Unanswered Questions” Part II
By Art Dykhuis on Oct 27, 2022
Posted In Patents
Earlier this year, the US Court of Appeals for the Federal Circuit reversed a district court decision for relying on an incorrect standard for indefiniteness. (Nature Simulation Systems Inc. v. Autodesk, Inc). Now, in response to a motion for panel rehearing, the Federal Circuit modified its decision on rehearing deleting language. Nature Simulation Systems Inc....
Continue Reading
No Second Bite at the Apple: Dismissal under Duplicative-Litigation Doctrine
By Art Dykhuis on Sep 22, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a second case between the same parties and asserting the same patent under the duplicative-litigation doctrine. Arendi S.A.R.L. v. LG Elecs. Inc., Case No. 2021-1967 (Fed. Cir. Sept. 7, 2022) (Prost, Chen, Stoll, JJ.) Arendi sued LG and others for...
Continue Reading
“Self-Similar” More Objective Than One Might Think
By Art Dykhuis 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...
Continue Reading
Use of Negative Claim Construction is Unsound
By Art Dykhuis 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)...
Continue Reading
Establishing Indefiniteness Requires More Than Identifying “Unanswered Questions”
By Art Dykhuis 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...
Continue Reading
IPR on Written Description? Claims Found Unpatentable Based on Lack of Entitlement to Priority Date
By Art Dykhuis 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....
Continue Reading
