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Discretionary Consideration Bars ReturnMail Side-Step Via Intervenor Last fall, I explained that the Patent Trial & Appeal Board (PTAB) was considering the relationship of government contractors in Court of Federal Claim (COFC) patent disputes against the…
KONINKLIJKE PHILIPS N.V. v. GOOGLE LLC Before Prost, Newman, and Moore. Appeal from Patent Trial and Appeal Board. Summary: The Board can institute IPR only on grounds raised in a petition. Additionally, the Board can rely on general knowledge of a skilled…
CAFC Holds Petitioner to PTAB Choice While we await the en banc determination in Arthrex/Polaris , there have been a number of recent remands back to the PTAB (i.e., where the Appointments Clause issue was first raised in the opening appellate brief).…
District of Delaware Considers Physical Products & Redundant Publications Back in August, I pointed out that district courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal…
PERSONAL AUDIO, LLC v. CBS CORPORATION Before Moore, Reyna, and Taranto. Appeal from the United States District Court for the Eastern District of Texas. Summary: The Federal Circuit has exclusive jurisdiction to hear a direct appeal of a PTAB’s final…
On December 11, 2019, the PTAB designated two additional decisions as “informative.” Such informative decisions are not binding on subsequent panels, but are meant to provide guidance on recurring issues encountered by PTAB panels in post-grant…
PTAB 2019: A Year of New Precedent There were a number of high profile developments at the Patent Trial & Appeal Board (PTAB) in 2019. New procedures for amending claims , Practice Guide updates to thwart parallel petition filings , a successful…
Totality of Circumstances for Determining Public Accessibility Over the years, the Patent Trial & Appeal Board had become panel dependent in assessing questions of public accessibility at institution. Some panels seemed to require a showing of a likelihood…
Gov’t Questions Fundamental Aspects of Court Decision As promised, the government has now sought en banc rehearing in Arthrex . In its petition, the government revisits the bases for the Court’s October decision and encourages the Court to also…
SCOTUS to Recalibrate Appeal Bar Earlier this week the SCOTUS heard arguments in Dex Media Inc. v. Click-To-Call Technologies, LP. As a reminder, the issue presented was the scope of the appeal bar of 35 U.S.C. § 314(d) for AIA Trial Proceedings .…
Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. TQ DELTA, LLC v. CISCO SYSTEMS, INC. Summary: Findings of fact at the PTAB must be supported by substantial evidence, and conclusory expert testimony, without supporting…
IN RE: IPR LICENSING, INC., Before O’Malley, Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Establishing a motivation to combine two references for an obviousness determination in an IPR requires evidentiary support, and…
