686 articles · page 17 of 58
MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC. Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: Parties challenging patents in inter partes reexamination can assign their rights to others. U.S.A. Dawgs, Inc.…
APPLE, INC. v. QUALCOMM, INC. Before Moore, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents it licenses from Qualcomm, despite Apple’s royalty payments for a…
Are Continuation Patents Still Viable After a Parent is Cancelled? Patent families are formed of multiple continuation/divisional filings stemming from the same disclosure. Typically, continuation patents present marginally different claim sets. An age old…
Joinder Estoppel Revisited A few weeks back, the federal Circuit handed down a decision in Uniloc 2017 LLC v. Facebook Inc , capping off a complicated procedural history. In its decision, the Court sorted out the estoppel impact of IPRs finishing a few…
APA Challenge Strikes a Chord I’ve read a number of articles over the past few days that argue since the mandamus on Fintiv failed in Mylan Laboratories Ltd. v. Janssen Pharmaceuticals N.V., that this decision somehow forecloses the relief sought in…
MYLAN LABS. LTD. v. JANSSEN PHARMACEUTICA, N.V. Before Newman, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit lacks jurisdiction over appeals from decisions denying institution of an IPR. However, the Federal…
In Re THE BOARD OF TRUSTEES Before Prost, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: A claim directed to an innovative mathematical process to generate data was a patent ineligible algorithm that lacked any improvement of a…
UNILOC 2017 LLC v. FACEBOOK INC. Before Lourie, Wallach, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 314(d) does not preclude Federal Circuit review of the Patent Trial and Appeal Board’s post-institution…
Inconsistency Across Related Cases is Precluded When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of unpatentability across related filings— for example, where the claim sets are…
SYNQOR, INC. v. VICOR CORPORATION Before Dyk, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A finding during inter partes reexamination that two references would not be combined precluded a finding of obviousness based on…
CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s refusal to consider presented arguments and evidence can be a misapplication of the law of obviousness.…
Earlier this year, we reviewed the sharp increase in patent litigation in 2020 ( Patexia Insight 96 ). District Court patent cases rose 17 percent in 2020 compared to 2019 (excluding ANDA cases). This trend seems to continue in 2021 as filing activity in…
