Colin J. Stalter Colin J. Stalter

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Colin J. Stalter focuses his practice on patent litigation, client counseling, and prosecution. He has experience working with large technology companies on complex intellectual property matters including strategic acquisitions, claim chart drafting, portfolio valuation, freedom to operate opinions, and inter partes review. Colin holds a BS in systems engineering and design, and has particular experience in the consumer electronics, telecommunications, and content delivery industries. Read Colin Stalter's full bio.

Logic to Modify: Even Deceptive Intent Does Not Bar Inventorship Correction

By on Sep 16, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated a district court invalidity determination finding that judicial estoppel prevented a patent owner from relisting an inventor previously removed for strategic litigation purposes. Egenera, Inc. v. Cisco Sys., Inc., Case Nos. 19-2015, -2387 (Fed. Cir. Aug. 28, 2020) (Prost, C.J.). Egenera sued Cisco for infringement...

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Bugs in Space? Star Trek Plotline Does Not Infringe Tardigrade Video Game

By on Aug 27, 2020
Posted In Copyrights

The US Court of Appeals for the Second Circuit affirmed a district court’s pleadings-stage determination that certain Star Trek: Discovery characters and plotlines did not infringe copyrighted elements of a video game because there was not substantial similarity between protectible elements of the video game and the Discovery episodes. Abdin v. CBS Broad. Inc., Case...

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Explain Yourself: “Untethered” Obviousness Determination Reversed

By on Aug 13, 2020
Posted In America Invents Act, Patents

The US Court of Appeals for the Federal Circuit vacated in part and remanded a Patent Trial and Appeal Board (Board) determination of unpatentability because the Board did not adequately support its reasoning as to certain claims. Alacritech, Inc. v. Intel Corp., Case No. 19-1467 (Fed. Cir. July 31, 2020) (Stoll, J.). Intel petitioned for...

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Patent Owners Beware: Serial Filings, Rent-Seeking May Be Grounds for Adverse Fee Award

By on Jul 15, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s denial of attorney’s fees to an accused infringer, finding the district court did not properly consider the Patent Owner’s manner of litigation, including the history of plaintiff’s actions in other jurisdictions and the broader context of its litigation practices. Elec....

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South Carolina Supreme Court Cannot Find “Economic Value” to Support Trade Secret

By on Jun 17, 2020
Posted In Trade Secrets

The South Carolina Supreme Court (S.C. Supreme Court) affirmed a state Court of Appeals finding that information taken by a minority LLC member did not have the requisite independent value to be considered a “trade secret” under the state’s Trade Secrets Act. Wilson v. Gandis, Case No. 27980 (S.C. June 3, 2020) (James, C.J.). In response...

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Verdict Delivered: Shipment Notification Claims are Patent Ineligible—Even with Security Flair

By on May 28, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that a patent claim directed to a delivery notification system was subject matter ineligible under 35 U.S.C. § 101. Elec. Commc’n Techs., LLC v., LLC, Case No. 19-1587 (Fed. Cir. May 14, 2020) (Prost, C.J.).

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Federal Circuit Sinks Another Attempt to Use PTO Guidance

By on May 7, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit found claims directed to methods of fishing to be patent ineligible, affirming a Patent Trial and Appeal Board (PTAB) decision that the claims were directed to the abstract idea of selecting a fishing hook based on observed water conditions. In re: Christopher John Rudy, Case No....

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2019 IP Law Year in Review: Patents

By , and on Feb 20, 2020
Posted In Patents

Executive Summary 2019 was another important year in intellectual property law that resulted in hundreds of decisions by the courts and Patent Trial and Appeal Board (PTAB) that may affect your company’s litigation, patent prosecution or business strategy. This special report on patents discusses some of the most important cases from 2019 from the US...

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Prior Covenant Insulates Party from Suit Despite Later Agreement

By on Jan 22, 2020
Posted In Patents

In a divided panel decision, the US Court of Appeals for the Federal Circuit concluded that a merger clause in the parties’ settlement agreement did not extinguish a prior covenant not to sue. Molon Motor & Coil Corp. v. Nidec Motor Corp., Case No. 19-1071 (Fed. Cir. Jan. 10, 2020) (Lourie, J) (Reyna, J, dissenting)....

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