686 articles · page 23 of 58
Most Patent/Trademark Prosecution Dates Extendible – Some PTAB The United States Patent and Trademark Office (USPTO) today announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required…
PTAB May Not Create a New Ground of its Own, But Can Rely on Additional Art in Support of a Petition Ground Recently, the Federal Circuit in Philips v. Google ( here ) explained that the Patent Trial & Appeal Board (PTAB) may only institute trial on…
Written by : Mak Tsunozaki, Ph.D. & Kendall Loebbaka ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for rehearing en banc of a panel decision of an…
PTAB Estoppel & Inequitable Conduct Inequitable conduct before the USPTO is an equitable defense to patent infringement that, if proved, bars enforcement of a patent. Thereasense, Inc. v. Becton, Dickinson & Co., 649 f .3d 1276, 1285 (Fed. Cir. 2011).…
FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner may not join itself to an earlier IPR in which it was already a party, and may not add new…
Expert Agency Shown Deference in Matters of Claim Scope While IPR petitioners may only challenge patent claims based upon patents and printed publications (§§ 102 and 103), the PTAB trial record can be leveraged in parallel district court…
The Fed. Cir. panel decision in Samsung Elec. Amer., Inc. v. Prisua Engineering Corp. , Appeal No. 2019-1169, 2019-1260 (Fed. Cir., Feb. 4, 2020) flew under my blogging radar for some time, but since Prisua petitioned for rehearing en banc on March 5th, I…
Earlier this year, we analyzed the 2019 patent activities in Patexia Insight 74 . Among our observations, we noticed a sharp decline in the number of IPR petitions filed last year. In 2019, a total of 1271 IPR petitions were filed, compared to 1607 IPR…
Public Policy Disfavors the Issuance of Unexamined Patent Claims Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written decision in Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, Inc., IPR2018-00600. The…
Attorney Fees Available for Successful Defendant As discussed back in September , district courts look to PTAB developments in assessing fee awards under 35 U.S.C. § 285. Recently the Eastern District of Michigan suggested that it could even find…
CAFC Implies PTO Might Overlook Some 112 Issues The Patent Trial & Appeal Board (PTAB) does not accept trial grounds under 35 U.S.C § 112 in Inter Partes Review. This is because the IPR statutes only authorize trial grounds based on patents and…
Written by : Eric Malmgren & Hans L. Mayer APPLE INC. v. ANDREA ELECTRONICS CORPORATION Before Dyk, Plager, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner relying on a prior-art algorithm is not required to discuss all…
