686 articles · page 26 of 58
Federal Gov’t & Federal Contractors in the Court of Federal Claims – A Legal Relationship? Federal government contractors are protected from patent infringement suits when infringing activities are performed pursuant to a contract with the…
Informative Decisions Address Design Choice Considerations Today, the Patent Trial & Appeal Board (PTAB) designated two ex parte appeal decision informative, Ex parte Spangler, Appeal No. 2018-003800 (Feb. 20, 2019) & Ex parte Maeda, Appeal No. 2010-009814…
In OSI v. Apotex, Appeal no. 2018-1925 (Fed. Cir., October 4, 2019) , the panel reversed the PTAB and found that the method of treatment claims in U.S. Pat. No. 6,900,221 were not obvious over a primary reference taken with each of two secondary…
Director Determinations Cannot be Made by an AIA Trial Panel Motion practice in AIA trial proceedings is typically limited to the handful of motions that may be filed as a matter of right. (Pro hac, Joinder, Exclude, Amendment). Prior authorization must be…
HONEYWELL INTERNATIONAL, INC. v. ARKEMA INC., ARKEMA FRA NCE Before Newman, Reyna , and Hughes. Appeal from the Patent Trial and Appeal Board Summary: The Patent Trial and Appeal Board (“Board”) does not have the authority to determine when a…
SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen . Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part Summary : The language “unobvious over the prior art” in the…
Agency Discretion May Permit Joinder of New Party Claims Issue joinder practice at the Patent Trial & Appeal Board (PTAB) has had a storied history to date. As a reminder, the debate at the agency (spawning the now infamous “panel stacking”…
Unrebutted Secondary Indicia Considered in Assessing Becton-Dickinson Factors The submission of so-called “objective indicia of non-obviousness” at the PTAB is rarely effective, especially in the predictable arts (i.e., mechanical/electrical) .…
Lack of Stakeholder Consensus on 101 Effort The sponsors of the promised bill to reform 35 U.S.C. § 101 are struggling to regain earlier momentum. It seems that the inclusion of the 112(f) provision (designed to bring Big Tech to the table on an…
Exceptional Cases & The PTAB As discussed last month, as PTAB proceedings conclude at the Federal Circuit and return to the district courts, courts are finding themselves faced with new questions on estoppel . Another question that has been recently posed…
BIODELIVERY SCIENCES INTL. v. AQUESTIVE THERAPEUTICS, INC. Before Newman, Lourie, and Reyna . Appeal from the Patent Trial and Appeal Board (PTAB). Summary : The PTAB has the discretion to not institute inter partes review even if there is a showing of…
Over the last few weeks, we have been covering some of the firms and law firms with the largest growth or decline in IPR activity over the last five years. We are very delighted to announce the release of our IPR Intelligence Report Report - 2019 Edition…
