Jiaxiao Zhang

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Jiaxiao Zhang focuses her practice on intellectual property litigation matters. Jiaxiao has experience in federal district court actions in California, Texas, and Florida, and proceedings before the US Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO). Read Jiaxiao Zhang's full bio.

Does Not Compute: Faster Processes Aren’t Enough for Subject Matter Eligibility


By on Oct 27, 2022
Posted In Patents

In yet another opinion addressing subject matter eligibility and application of the Supreme Court’s Alice decision, the US Court of Appeals for the Federal Circuit found claims directed to graphical displays and user interfaces subject matter ineligible as directed to abstract ideas. IBM v. Zillow Group, Inc., Case No. 21-2350 (Fed. Cir. Oct. 13, 2022)...

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The Name of the Game Is the Claims, Even if Specification Is Shared


By on Oct 20, 2022
Posted In Patents

Once again addressing the application of Alice, the US Court of Appeals for the Federal Circuit partially reversed a district court’s dismissal of several patents as subject matter ineligible for error in analyzing their claims together because of a shared specification despite different claim features. Weisner v. Google LLC, Case No. 021-2228 (Fed. Cir. Oct....

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Standard Computer Equipment Can Support Inventive Concept under Alice Step 2


By on Oct 6, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit overturned a district court dismissal of a patent case for errors in analyzing the claims’ patent eligibility under Alice. The Court found that regardless of whether the claimed invention was abstract under step 1, the invention claimed specific improvements rendering it patent eligible under step 2....

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It Can Take Three Appeals to Make a Claim Construction Go “Right”—or Three Bites by Apple


By on Sep 22, 2022
Posted In Patents

In a nonprecedential opinion on remand from the US Court of Appeals for the Federal Circuit and a US Patent & Trademark Office (PTO) Director-granted request for review, the Patent Trial & Appeal Board (Board) reconstrued claim terms it had previously construed in consideration of the patent specification, prosecution history and Federal Circuit construction of...

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IPR Estoppel Applies to Claim Not Addressed During Pre-SAS Proceeding


By on Sep 1, 2022
Posted In Patents

In the companion district court case to the Supreme Court’s 2019 Thryv v. Click-to-Call decision regarding the scope of review for inter partes review (IPR) decisions, the US Court of Appeals for the Federal Circuit addressed what it characterized as “a rather unusual set of circumstances” to find that the accused infringer was estopped from...

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Purposeful Direction in a Forum Activates the Long Arm of the Law


By on Jul 28, 2022
Posted In Copyrights

The US Court of Appeals for the Ninth Circuit again vacated the US District Court for the Central District of California’s dismissal of a case for lack of personal jurisdiction, applying Fed. R. Civ. Proc. 4(k)(2) and concluding that the copyright infringement claims involving a foreign defendant were properly litigated in the United States. Lang...

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Standard Techniques Applied in Standard Way to Observe Natural Phenomena? Not Patent Eligible


By on Jul 28, 2022
Posted In Patents

In what may be another blow to diagnostic patents, the US Court of Appeals for the Federal Circuit affirmed the patent ineligibility of claims that it held to be directed to detecting natural phenomena by conventional techniques. CareDx, Inc. v. Natera, Inc., Case No. 2022-1027 (Fed. Cir. July 18, 2022) (Lourie, Bryson, Hughes, JJ.) CareDx...

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Since Vacatur Seeks Equitable Relief, Clean Hands Matter


By on Jun 30, 2022
Posted In Patents

In an opinion related to its 2021 ruling that a decision in earlier inter partes reexaminations of related patents had a preclusive effect that collaterally estopped the Patent Trial & Appeal Board (Board) from making new findings on the same issue, the US Court of Appeals for the Federal Circuit vacated the Board’s decision on...

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Game Reset: Extrinsic Evidence Can’t Limit Claim Scope Beyond Scope Based on Unambiguous Intrinsic Evidence


By on Apr 7, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit reversed a district court’s grant of summary judgment of noninfringement after concluding that the district court erred by relying on expert testimony to construe a claim term in a manner not contemplated by the intrinsic evidence. Genuine Enabling Tech. LLC v. Nintendo Co., Ltd., et al.,...

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2022 IP Outlook Report: The Developments Shaping Patent Law


By , , , , and on Feb 17, 2022
Posted In Patents

Key Takeaways and Outlook for 2022 Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is expected to be another busy year in the world of patent litigation. We fully expect persistence in these spaces: Patents/SEP FRAND Licensing Venue Developments Subject Matter...

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