Thomas DaMario

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Thomas DaMario focuses his practice on intellectual property litigation and patent prosecution. Read Thomas DaMario's full bio.

Sliced and Diced: PTAB Decision Remanded for Further Analysis


By on Oct 6, 2022
Posted In Patents

In an appeal from a Patent Trial & Appeal Board final written decision, the US Court of Appeals for the Federal Circuit affirmed the Board’s decision to include certain evidence first presented in the petitioner’s Reply but vacated the Board’s obviousness decision for a failure to fully and particularly set out the bases for its...

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Not a Well-Crafted Housing: Product-by-Process Claim Element Isn’t Limiting


By on Aug 25, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a ruling that certain claims reciting a “housing . . . being cast in one piece” should be construed as a product-by-process claim element and affirmed the subsequent finding of invalidity of all challenged claims. Kamstrup A/S v. Axioma Metering UAB, Case No. 21-1923 (Aug....

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Clarification or Raising the Bar? PTO Director Issues New Guidance for Discretionary PTAB Denials


By on Jun 30, 2022
Posted In America Invents Act, Patents

On June 21, 2022, US Patent & Trademark Office (PTO) Director Katherine K. Vidal issued a memorandum addressing interim procedures for discretionary denials in America Invents Act (AIA)-post grant proceedings at the Patent Trial & Appeal Board (Board). In 2020, in order to minimize the potential conflict between the Board and parallel district court proceedings,...

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Hypothetical Device Doesn’t Meet Domestic Industry Requirement


By on Mar 17, 2022
Posted In Patents

In a consolidated appeal from the International Trade Commission (Commission) and two inter partes review (IPR) proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed the Commission’s findings that a hypothetical device does not meet the domestic industry requirement, as well as findings by the...

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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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IPR Petition Cannot Be Based on Applicant Admitted Prior Art


By on Feb 10, 2022
Posted In Patents

Addressing the type of prior art that may form the basis of an inter partes review (IPR) proceeding, the US Court of Appeals for the Federal Circuit vacated an unpatentability finding based on “applicant admitted prior art” in the challenged patent. Qualcomm Inc. v. Apple Inc., Case Nos. 20-1558, -1559 (Fed. Cir. Feb. 1, 2022)...

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Failing to Address All Reasons for Noninfringement Renders Appeal Moot


By on Oct 14, 2021
Posted In Patents

In deciding whether the district court correctly interpreted various claim terms in four patents related to communication techniques used in computer gaming technology, the US Court of Appeals for the Federal Circuit found that rendering a decision as to the terms for at least two of the patents would be moot. Accordingly, the Federal Circuit...

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Greek God or Continent? Defining “Confusing Similarity” under the Anti-Cybersquatting Consumer Protection Act


By on Sep 2, 2021
Posted In Trademarks

Examining whether a registered mark and a domain name were confusingly similar under the Anti-Cybersquatting Consumer Protection Act (ACPA), the US Court of Appeals for the 11th Circuit affirmed the district court’s grant of summary judgment in favor of the trademark owner because the mark and domains are nearly identical in sight, sound and meaning....

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Prosecution History Prevents Patent Owner from “Intercepting” Win on Appeal


By on May 20, 2021
Posted In Patents

In reviewing whether the Patent Trial & Appeal Board (Board) correctly interpreted the meaning of “intercepting” in the context of Voice over Internet Protocol (VoIP) technology, the US Court of Appeals for the Federal Circuit found that the claim language and prosecution history supported the Board’s decision. The Court thus affirmed the Board’s construction and...

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2G or Not 2G: Patent License Applies to Future Generation Wireless Networks


By on Feb 18, 2021
Posted In Patents

In interpreting a patent license agreement originally drafted in the era of third generation (3G) cellular networks, the US Court of Appeals for the Federal Circuit found that the license agreement covered subsequent wireless network generations, affirming a district court decision that infringement claims were barred by the license agreement and the doctrine of patent...

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