Tessa Kroll

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Tessa Kroll focuses her practice on intellectual property litigation matters. She is a registered patent agent. Read Tessa Kroll's full bio.

Over My Dead Body: Defendant Can’t “Wait Until He Dies” to Pay Arbitration Award


By on May 5, 2022
Posted In Uncategorized

The US Court of Appeals for the Seventh Circuit reversed the district court’s interpretation of an arbitration award, finding that the defendant could not “wait until he dies” to pay a portion of the damages award. Nano Gas Techs., Inc. v. Roe, Case Nos. 21-1809; -1822 (7th Cir. Apr. 25, 2022) (Rovner, St. Eve, Jackson-Akiwumi,...

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Missed Connection: Avoid Claim Construction Rendering Independent Claim Narrower Than Dependent Claim


By on Apr 14, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated a district court’s claim constructions concerning generic independent claims that were amended after a species restriction requirement, because the district court disregarded the doctrine of claim differentiation after incorrectly concluding that the examiner had mistakenly rejoined withdrawn claims. Littelfuse, Inc. v. Mersen USA EP Corp.,...

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Long-Felt Need Not Felt Long Enough to Overcome Obviousness


By on Feb 24, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit upheld a finding that patents covering Narcan, a naloxone-based intranasal opioid overdose treatment, were obvious despite evidence of long-felt need. Adapt Pharma Operations Ltd. v. Teva Pharms. USA, Inc., Case No. 20-2106 (Fed. Cir. Feb. 10, 2022) (Prost, Stoll, JJ.) (Newman, J., dissenting). In 2012, during...

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Power Play: District Court Properly Transferred Bad Faith Anticipatory Suit


By on Jan 27, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit denied a petition for mandamus relief from an order transferring a first-filed declaratory judgment action from the District of New Jersey to the Western District of Texas, finding that the district court did not abuse its discretion in departing from the first-to-file rule. In re Amperex...

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