Posts filtered by tags: Adkins Energy LLC[x]


 

Cert Denied Feb 2021

Two patent cases denied certiorari today:  GS Cleantech Corporation, et al. v. Adkins Energy LLC, et al., No. 20-769 (Standard of review when appealing an issue decided on summary judgment that later served as the basis for an inequitable conduct finding). adidas AG v. Nike, Inc., No. 20-728 (are PTAB judges principal officers?) The adidas decision confused me a bit – the court has held over other cases on the same question awaiting the outcome in Arthrex that is set for Oral arguments on Mar...
Tags: Law, Nike, Patent, Nike Inc, AG, Arthrex, Adkins Energy LLC, GS Cleantech Corporation


Reviewing Summary Judgment for Abuse of Discretion?

GS Cleantech v. Adkins Energy LLC (Supreme Court 2020) This pending petition for certiorari focuses on the civil procedure question: What is the standard for review of a partial summary judgment that is not reopened at trial?  Normally summary judgment is reviewed de novo on appeal, but this is a case where the Federal Circuit switched the standard. The patentee here intentionally failed to disclose its its pre-filing sales-activity to the PTO during prosecution. Those prior sales barred patenti...
Tags: Law, Circuit, Patent, PTO, Federal Circuit, Adkins, Dennis Crouch, Circuit Courts, David Hricik, GS CleanTech Corp, Prof Hricik, Adkins Energy LLC, GS Cleantech, Adkins Energy LLC Supreme Court


United States: The Defense Of Inequitable Conduct Is Alive And Is To Be Avoided - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Holding: In GS Cleantech Corp. v. Adkins Energy LLC, 951 F.3d 1310 (Fed. Cir. 2020), the U.S. Court of Appeals for the Federal Circuit (Judges Reyna, Wallach, and Hughes)...
Tags: News, United States, Fed, U S Court of Appeals for the Federal Circuit, Finnegan Henderson Farabow Garrett, Dunner LLP, Reyna Wallach, GS CleanTech Corp, Adkins Energy LLC


Will the Court Correct the Mess that is GS CleanTech Corp. v. Adkins Energy LLC?

by David Hricik, Mercer Law School In my earlier post, I noted some of the clear errors in the panel decision in GS CleanTech Corp. and Cantor Colburn LLP v. Adkins Energy LLC (Fed. Cir. 2020) .  The patentee has filed for rehearing en banc, and the petition is here.  I wish I had time to write an amicus brief in support, but after giving a CLE today about the case (here is link but you have to buy it, I think) and reading that brief, I believe the problems with the case run far deeper than I or...
Tags: Supreme Court, Law, Cotton, Ethics, Federal Circuit, Fed R Civ P, Tolan, David Hricik Mercer Law, GS CleanTech Corp, Cantor Colburn LLP, Adkins Energy LLC Fed, Adkins Energy LLC