Publications Archives - Xsensus IP Law

Who has the Burden of Proof for Infringement?

March 3, 2025

By Masahito Yokoyama & Scott Daniels It is a well-established principle of patent law that it is the patentee who bears the burden of proving that the accused […]

Publications

Compliance with Standards Obligations Affects Patent Rights

October 3, 2024

A recent development could pose a significant challenge for Lenovo in defending against patent infringement allegations brought by Ericsson at the US ITC and is […]

Publications

What Technical Skill Does an Expert Witness Need to be Permitted to Give Expert Testimony?

October 3, 2024

By Masahito Yokoyama and Scott Daniels An “expert witness,” unlike the more common “fact witness,” may testify about opinions on issues on which he or […]

Publications

Federal Circuit Holds Sports Camera Claims to be Patent-Eligible

September 27, 2024

By Masahito Yokoyama & Scott Daniels Last week the Court of Appeals for the Federal Circuit reversed a lower court judgment that patent claims for […]

Publications

Reexamination: An Alternative to IPRS & PGRS

July 9, 2024

By Masa Yokoyama & Scott Daniels With the enactment of the AIA in 2011, ex parte reexamination was overtaken by the newly created inter partes […]

Publications

USPTO Proposes New Fees for 2025 – Important Considerations for Applicants

April 29, 2024

Article by Noah Flaks On April 3, 2024, the USPTO published proposed new rules and fee adjustments for fiscal year 2025. The proposed new rules […]

Publications

“Motivation to Combine” Requires More Than Mere Disclosure of Claimed Limitation

April 11, 2024

By Masahito Yokoyama & Scott Daniels Most Office Actions in prosecution of patent applications include a rejection that Applicant’s claim is obvious over a primary […]

Publications

Masimo v Apple Watch import ban fiasco tops 2023 developments in USITC

February 6, 2024

An article published in IAM by Scott Daniels Chief IP officers also need to know about US International Trade Commission developments involving trade secret disputes, […]

Publications

USPTO director takes greater control of agency’s post-grant proceedings

October 2, 2023

Scott Daniels Masahito Yokoyama Read the article on IAM > US Patent and Trademark Office Director Kathi Vidal has transformed the scope of Arthrex director […]

Publications

Know these US International Trade Commission legal developments from 2023’s first half

June 16, 2023

Scott Daniels One 2023 US ITC ruling in a case by DISH against lululemon, Peloton Bikes, and NordicTrack, should serve as a reminder that cases […]

Publications

Two Recent Court Decisions Help Overcome Enablement Rejections

June 8, 2023

Masa Yokoyama Scott Daniels Questions of enablement typically depend on the quality of the disclosure in the specification and the level of skill in the […]

Publications

Walking the tightrope between infringement notice and declaratory judgment risk

April 5, 2023

An article published in IAM by Scott Daniels and Masahito Yokoyama So-called “threat letters” or “cease-and-desist letters” are an extremely common method for a patent […]