686 articles · page 18 of 58
Agency Left to Defend Unsettled Legacy Upon taking the reins at the USPTO, Director Iancu made clear that he believed the Patent Trial & Appeal Board (PTAB) was cancelling too many patent claims in AIA trial proceedings. Of course the PTAB was simply…
Litigators Amending Claims? Patent prosecution bars are prophylactic provisions typically included in district court protective orders when there is a risk that a recipient of confidential technical information may use (inadvertently or otherwise) that…
ABS GLOBAL, INC. V. CYTONOME/ST, LLC Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner may moot a petitioner’s appeal of an IPR final written decision of no unpatentability by declining to appeal a…
Another Day, Another 314(a) Discussion On the heels of its precedent of a week or so back , the PTAB is adding more to the swirling hairball known as the “Fintiv factors.” First, the Board has clarified that agreeing to IPR estoppel proactively…
Designation of Additional Cases Clarify Basis for RPI Disputes Last Friday the Patent Trial & Appeal Board (PTAB) added to its list of precedential cases. The new precedent clarifies when RPI disputes will be considered by the Board, what factors will be…
Online Form Will Simplify Request Procedure To date, in order to submit an amicus brief in a PTAB case selected for Precedential Opinion Panel (POP) consideration, an interested party would either look to an Order from the Board in a subject case inviting…
SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The Board’s determination that a patent qualifies for CBM review is non-appealable under 35 U.S.C. § 324(e).…
IN RE: GOOGLE TECHNOLOGY HOLDINGS LLC Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Claim construction arguments are forfeited if not raised before the PTAB. The PTAB sustained the final rejection of Google…
RPX Data Disputes Bias Allegations As I explained a few months back, a due process challenge is pending at the CAFC that challenges the PTAB’s fee model. New Vision Gaming v. SG Gaming Inc. The argument, in a nutshell, is that because the fees for…
Agency to Consider Further Public Comment Over the past few months, Congress has been asked to investigate the Patent Trial & Appeal Board’s (PTAB) practice of denying AIA trial petitions in view of competing litigations. On top of that, the agency…
ST. JUDE MEDICAL, LLC v. SNYDERS HEART VALVE LLC Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The broadest reasonable interpretation of a claim must be considered in light of the specification. St.…
MMUNEX CORPORATION v. SANOFI-AVENTIS U.S. LLC Before Prost, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Expiration of a patent during appeal from IPR does not trigger claim construction under the Phillips standard when the…
