In a precedential and significant ruling that clarifies when a published patent application can serve as prior art in an inter partes review (IPR), the Federal Circuit has affirmed the Patent Trial and Appeal Board’s (PTAB) decision in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd. The case hinged on the determination of whether a published patent application is considered prior art as of its filing date or its publication date.

In Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) decision finding claims of U.S. Patent No. 10,687,400 unpatentable. The court ruled that under 35 U.S.C. § 102(e)(1), published patent applications are considered prior art as of their filing date in inter partes review proceedings, rejecting Lynk Labs' argument that they should only qualify as prior art from their publication date.

In a move aimed at reinforcing justice, efficiency, and fairness, the Intellectual Property Court of the Supreme People's Court in China has unveiled a comprehensive reform outline. With a specific focus on intellectual property rights, the reforms may lead to increased damages for intellectual property infringement, signaling a stronger deterrent against violations and greater protection for innovators. Set against the backdrop of China's modernization efforts, the reform framework reflects a determined push to ensure that intellectual property rights are safeguarded and that violators face stricter consequences.

Perilla Knox & Hildebrandt LLP (PKH) is proud to announce its recognition as a "2025 Best Law Firm" by BestLawyers®. The firm has been distinguished with Tier 1 rankings in two highly competitive categories: “Litigation - Intellectual Property” and “Patent Law” for Atlanta.

The European Patent Office (EPO) and the government of Costa Rica are making significant strides towards finalizing a validation agreement that would extend EPO patent rights into Costa Rica. In a recent meeting held at the EPO’s headquarters in Munich, representatives from both parties discussed the progress in negotiations that began earlier in October. This gathering marked an important step forward, following the EPO Administrative Council’s approval of formal talks aimed at exploring the potential for patent validation within Costa Rica.

Perilla Knox & Hildebrandt LLP (PKH) partners, Kenny Knox and Jason Perilla, attended the 2024 AIPPI World Congress in Hangzhou, China. The conference, hosted by the International Association for the Protection of Intellectual Property (AIPPI), took place on October 19-22, 2024, and brought together global leaders in intellectual property law.

Perilla Knox & Hildebrandt LLP (PKH) is excited to announce that Robert Gravois has joined Perilla Knox & Hildebrandt LLP as the latest addition to our intellectual property team. With a strong focus on IP litigation, patent and trademark portfolio development, and licensing, Robert enhances PKH’s capabilities and expertise.

Perilla Knox & Hildebrandt LLP (PKH) is pleased to announce the addition of Tom Finch to its Litigation Practice Group. Tom brings a wealth of experience in all aspects of patent litigation, including patent infringement, trade secret misappropriation, and other high-stakes IP disputes. His broad expertise in navigating complex litigation at both the trial and appellate levels makes him a strategic asset to PKH’s clients across a wide array of industries.