686 articles · page 21 of 58
New Pilot May Not Accelerate Post-Grant Matters Last week the United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals. The…
House and Senate Judiciary Committees Alerted to “Significant and Rapidly Growing Problem” Earlier this month, a coalition of stakeholder organizations sent letters to the House and Senate Judiciary Committees seeking an investigation into the…
ADIDAS AG v. NIKE, INC. Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A patent challenger can establish standing to appeal a final written decision in an IPR by showing that its past, present, or anticipated…
Board Acknowledges Slipping WDTX Trial Date Some weeks back I highlighted the institution decision in Sand Revolution II LLC., v. Continental Inter Modal Group – Trucking LLC. (IPR2019-01393), which held that despite most General Plastic Factors…
Written by : Adam Powell & T iffany Young AMNEAL PHARMACEUTICALS LLC v. ALMIRALL, LLC Before Dyk, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: While the Federal Circuit may be able to award fees under Section 285 for work…
NPRM to Codify Existing Practices with Notable Exception The United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking today to update its rules to conform to SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018). That is, the…
ESIP SERIES 2, LLC V. PUZHEN LIFE USA, LLC Before Reyna, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s determination that an IPR petition identifies all real parties in interest is final and non-appealable.…
PTAB Appeals Focused on Merits The SCOTUS re-calibrated the PTAB’s appeal bar in Thryv, Inc v. Click-To-Call Techs ., LP., explaining that potential violations of 35 U.S.C. § 315(b) were too closely related to the institution determination of…
COCHLEAR BONE ANCHORED SOLUTIONS AB V. OTICON MED. AB Before Taranto, O’Malley, and Newman. Appeal from the Patent Trial and Appeal Board. Summary: Anticipation and obviousness analysis by the PTAB is not impossible when some but not all claimed…
Before O’Malley, Moore, and Chen. Appeal from the Patent Trial and Appeal Board. VIRNETX INC. v. CISCO SYSTEMS, INC. (Denying Panel Rehearing) VIRNETX INC. v. CISCO SYSTEMS, INC. (Denying Rehearing En Banc) Summary: When administrative patent judges…
CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA, INC. Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Remand of an IPR based on Arthrex is not justified where the final written decision issued after the decision in…
Written by : Aaron S. Johnson & Adam Powell CIENA CORPORATION v. OYSTER OPTICS, LLC Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Affirmatively petitioning for IPR waives the petitioner’s…
