686 articles · page 25 of 58
GAME AND TECH. CO., LTD. v. WARGAMING GROUP LTD. Before Dyk, Plager, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Board, applying Fed. R. Civ. P. 4, must independently determine whether service of a complaint was properly…
Unanimous Support for Legislative Fix Today, the House Judiciary Committee conducted a hearing entitled “ The Patent Trial and Appeal Board and the Appointments Clause: Implications of Recent Court Decisions .” The hearing explored whether or…
Government Intervenes to Thwart Arthrex Remands As expected, the government has informed the Federal Circuit of its intention to seek en banc rehearing in Arthrex Inc. v. Smith & Nephew, Inc. Having intervened in a number of cases seeking remand…
Orders Stave Off Further Remands….For Now During last week’s argument in Polaris, appellant argued that the Court’s fix to the PTAB’s Appointments Clause problem was insufficient. According to appellant, “reviewability”…
Reasonably Could Have Raised & Reasonably Diligent Prior to last year’s SAS decision , district courts split over whether non-petitioned grounds were embraced by the “reasonably could have raised” aspect of 35 U.S.C. §§…
AIRBUS S.A.S. v. FIREPASS CORPORATION Before Lourie, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Whether an asserted prior art reference is reasonably pertinent to the particular problem solved by the invention, and thus…
Appointments Clause Argument Forfeited if Not Raised in Opening Brief With the ink barely dry on Thursday’s Federal Circuit ruling that the Administrative Patent Judges (APJs) of the Patent Trial & Appeal Board (PTAB) were unconstitutionally…
In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019) , a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive into the appointments clause of the constitution and held that PTAB judges (“…
Well, that Escalated Quickly… On the heels of the supplemental briefing discussed yesterday , the Federal Circuit has already issued its decision in Arthrex Inc. v. Smith & Nephew, Inc. The Court has vacated and remanded the decision, ordering a new…
Supplemental Briefing Focuses on Remedies As discussed last week, the Federal Circuit has requested supplemental briefing in Arthrex Inc. v. Smith & Nephew to assess how best to remedy a potential Appointments Clause violation . The supplemental briefing…
An Avalanche of FWD Do-Overs Imminent? Back in June I explained the latest constitutional challenge to AIA Trial Proceedings under the Appointments Clause of the U.S. Constitution . In a nutshell, the argument is that PTAB Administrative Patent Judges…
Burden of Persuasion to Demonstrate Unpatentability on Petitioner The United States Patent and Trademark Office (USPTO) has issued a Notice of Proposed Rulemaking (NPRM) to allocate the burdens of persuasion on motions to amend in AIA trial proceedings…
