686 articles · page 34 of 58
Federal Circuit Summary Before Lourie, Clevenger, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : 35 U.S.C. § 315(b), which prohibits the Board from instituting an IPR based on a petition filed more than one year after the date on…
Change in Claim Construction Standard Provides Greater Appellate Opportunity Some months back the Patent Trial & Appeal Board (PTAB) proposed dropping the broadest reasonable interpretation (BRI) in favor of the so-called “Phillips…
I am going to try to discuss two recent decisions by the PTAB, Ex parte Fiesner, Appeal 2018-00530 (9-10-18) and Ex parte Lehrer, Appeal 2016-007941 (8-29-2018). Both have claims that employ computers to process large amounts of input data to, hopefully,…
Rebutting the Presumption of Unreasonability Given the complications associated with amending litigated claims , amendment is still relatively rare at the Patent Trial & Appeal Board (PTAB). Yet, there remain Patent Owners willing to amend claims in…
Federal Circuit Summary Before Lourie , O’Malley, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : When the ranges identified in a claimed composition overlap with the ranges disclosed in the prior art, the burden shifts to the…
In ex parte Ho , the subject of my last post, the PTAB reversed the Examiner’s rejection of claims to a population of bone marrow cells obtained by two-stage culturing that expressed or failed to express certain markers. The PTAB wrote that, for the…
Stage of Litigation & Similarly Situated Litigants Now General Plastic Factors? As I have mentioned on a few CLE panels as of late, the recent changes to the Patent Trial & Appeal Board’s (PTAB) Trial Practice Guide invite parties to suggest…
In Judge Plager’s concurrence-in-part in Interval Licensing v. AOL, Inc., he describes the “small puzzle” present in the Mayo/Alice analysis of a claim identified as directed to an abstract idea: “[I]f a court, after reviewing…
Federal Circuit Summary On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc. , affirming the Patent Trial and Appeal Board (PTAB)’s determination of no interference-in-fact between the…
Federal Circuit Finds PTAB Discovery Determinations One-Sided On the heels of Applications in Internet Time, LLC v. RPX Corporation , the Federal Circuit once again finds itself considering a PTAB RPI/Privity dispute. In RPX, the Court held that…
Federal Circuit Summary Before Reyna , Taranto, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : The Board must consider arguments in an IPR petitioner’s reply, where the arguments expressly follow from the petition, do not rely on…
Agency Still Responding to Criticism on Amendment Difficulty A constant criticism of the Patent Trial & Appeal Board (PTAB) has been the perceived difficulty in amending claims in an AIA trial proceeding. In response, the PTAB has pointed out that the vast…
