686 articles · page 30 of 58
PTAB Cements Institutional Discretion Back in January, I identified the Board’s expanding view of 314(a) discretion as the most significant development of 2018 . In that earlier post, I predicted that one such 314(a)/325(d) case, NHK Spring Co., Ltd.…
Mere Existence of JDG Found to be Enough It can be an uphill battle to secure additional discovery at the Patent Trial & Appeal Board (PTAB) given the “interests of justice” standard of IPR proceedings. For this reason, Patent Owners seeking…
Before Moore , Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : Claims directed to providing additional trading information on a prior art display, without more, are patent-ineligible under 35 U.S.C. § 101. IBG and…
POPR Disclaimer Dooms Infringement Some weeks back I explained the varied uses of Patent Trial & Appeal Board (PTAB) trial evidence in district court trial records . However, it is not necessary for a trial to occur for patent challengers to create…
Simultaneous/Redundant Petitions Attacking Same Claims Questioned The Patent Trial & Appeal Board’s (PTAB) new focus on institution equities of serial petition challenges was the most significant development of 2018 . Since that time the Board has…
Federal Register Notice Advertises Alternative PTAB Amendment Options Last Friday the USPTO published a notice in the Federal Register entitled: Notice Regarding Options for Amendments by Patent Owner Through Reissue or Reexamination During a Pending AIA…
CAFC Upholds Injunction to Shut Down PTAB The AIA statutes provide that a person who is not the owner of a patent, can challenge the patent at the Patent Trial & Appeal Board (PTAB). Pursuant to the bright lines drawn by the statute, the PTAB has accepted…
Before Moore , Mayer, and Linn. Appeal from the Patent and Trial Appeal Board. Summary : A graphical user interface that allows users to place orders for items (such as shares of stock) by moving icons onto displayed item prices is not patent eligible…
CASE OF THE WEEK Omega Patents, LLC v. CalAmp Corp. , Appeal No. 2018-1309 (Fed. Cir. Apr. 8, 2019) In an appeal from a series of post-trial decisions, the Federal Circuit provided several important opinions. The Court addressed the effects of failing to…
Director Encouraged to Do What He is Already Doing? At several bar events over the past few weeks, the Director has made clear that the agency is “looking into” ways to address certain serial petitioning practices beyond that of the…
Unchallenged Claim Falls on Summary Judgement Back in 2016, I flagged a few district court decisions that leveraged Patent Trial & Appeal Board (PTAB) fact-finding on summary determination . These decisions weighed the fact finding of the expert agency as…
First quarter of 2019 is behind us and patent litigation continues its downward trend, which was started back in 2015. In the first quarter of 2019, total of 825 patent cases were filed in different district courts. The number is down 12 percent compared…
