Keval Amin
Subscribe to Keval Amin's PostsKeval Amin is a member of the Intellectual Property Practice Group, focusing on various litigation matters involving patents, trademarks, copyright and trade secrets. Read Keval Amin's full bio.
Speculation of Harm Isn’t Standing: Not Every Adverse Board Decision Is Ticket to Appeal
By Keval Amin on Jun 12, 2025
Posted In America Invents Act, Patents
After assessing whether a patent owner had standing to appeal the Patent Trial & Appeal Board’s final written decision, the US Court of Appeals for the Federal Circuit found no injury in fact to support Article III jurisdiction and dismissed the appeal. Dolby Labs. Licensing Corp. v. Unified Patents, LLC, Case No. 23-2110 (Fed. Cir....
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Guiding the Fight Against Fakes: PTO Opens Public Comment Period
By Keval Amin on May 29, 2025
Posted In Uncategorized
The US Patent & Trademark Office (PTO) issued a notice inviting feedback from intellectual property rights holders and online marketplaces regarding proposed voluntary guidelines aimed at curbing the sale of counterfeit goods on online marketplaces. 90 Fed. Reg. 21291 (May 19, 2025). Public comments will be accepted through June 27, 2025. The PTO will also...
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No Protectable Code: No Literal or Nonliteral Copying
By Keval Amin on May 15, 2025
Posted In Copyrights
The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct duplication of source code) and “nonliteral” copying (reproduction of structure, sequence, or user interface). InfoDeli, LLC v. Western Robidoux, Inc., et al.,...
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A Patent Without a Pulse: Provisional Rights Don’t Outlive the Patent
By Keval Amin on Apr 10, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit dismissed an appeal from a patent applicant seeking provisional rights on a patent that would issue only after it had already expired, finding that the applicant lacked the necessary exclusionary rights to support a claim for provisional rights. In re: Donald K. Forest, Case No. 23-1178...
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When “It’s Obvious” Just Isn’t Enough: Challenger’s Burden to Prove Obviousness
By Keval Amin on Mar 27, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decision that a patent was not obvious because the petitioner failed to show sufficient support of obviousness based on prior art. AMP Plus, Inc. v. DMF, Inc., Case No. 23-1997 (Fed. Cir. Mar. 19, 2025) (Lourie, Bryson, Reyna, JJ.)...
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Power Play: Pull the Plug on Parallel District Court Litigation, ITC Investigation
By Keval Amin on Mar 20, 2025
Posted In Patents
The US Court of Appeals for the First Circuit vacated a preliminary injunction, explaining that the district court should have immediately issued a statutory stay of the proceeding under 28 U.S.C. § 1659(a) because a co-pending case at the International Trade Commission involved the same issues and parties. Vicor Corp. v. FII USA Inc., Case...
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Diamond in the Rough: Federal Circuit Polishes § 101’s Abstract Idea Test
By Keval Amin on Feb 20, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed and remanded a determination by the US International Trade Commission regarding subject matter ineligibility under 35 U.S.C. § 101. The Court concluded that the Commission’s “loose and generalized” analysis did not adequately consider the specific and technical improvements specified by the claims. US Synthetic Corp....
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Bottling the Truth: Equivalence and Reverse Equivalence
By Keval Amin on Jan 30, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit ruled that the “substantially the same way” comparison in connection with a doctrine of equivalents (DOE) analysis involving a means-plus-function claim limitation should focus on the overall structure corresponding to the claimed function, not on unclaimed structure. Steuben Foods, Inc. v. Shibuya Hoppmann Corp., Case No....
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Motivation MIA? Federal Circuit Sends IPR Back to the Drawing Board
By Keval Amin on Jan 9, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision, finding that the Board erred by failing to explain its holding and reasoning regarding a motivation to combine prior art references. Palo Alto Networks, Inc. v. Centripetal Networks, LLC, Case No. 23-1636 (Fed. Cir. Dec. 16,...
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Neck or Nothing? “Quotation” Invalidates On-Sale Bar
By Keval Amin on Dec 19, 2024
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit found the patents at issue invalid based on the patent owner’s “quotation” letter to a third party, concluding it was a commercial offer for sale under pre-America Invents Act (AIA) 35 U.S.C. § 102(b) notwithstanding the patent owner’s reservation of a post-quote acceptance. Crown Packaging Technology,...
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