686 articles · page 38 of 58
Federal Circuit Summary Before Newman, Clevenger, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : The USPTO has standing to intervene to defend its decision, even when the requestor has withdrawn. Knowles Electronics LLC…
CASE OF THE WEEK Knowles Electronics LLC v. Iancu , Appeal No. 2016-1954 (Fed. Cir. 2018) In an appeal from an inter partes reexamination , the Federal Circuit affirmed a decision by the PTAB invalidating a patent concerning microphones. The case was…
The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. Se e The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB.…
In In re: Power Integrations, Inc. , [2017-1304] (March 19, 2018), the Federal Circuit reversed the decision on remand that claims 1, 17, 18, and 19 of U.S. Patent No. 6,249,876 were anticipated, because the Board relied upon an unreasonably broad claim…
Federal Circuit Summary Before Lourie, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A prima facie case of obviousness is established where the claimed range abuts a range disclosed in the prior art and there is no evidence…
In DSS Technology Management, Inc. v. Apple Inc., [2016-2523, 2016-2524] (March 23, 2018), the Federal Circuit reversed the decision of the PTAB, finding claims 1–4 and 9–10 of U.S. Patent No. 6,128,290 obvious, because the Board failed to…
Federal Circuit Summary Before Newman, O’Malley , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : When resolving an obviousness challenge, the PTAB cannot invoke “ordinary creativity” of a skilled artisan to supply a…
Federal Circuit Summary Before Moore, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A party in an int er partes review proceeding may not present new evidence or arguments at oral argument. The Board instituted inter parte s…
The University of Minnesota (UMinn) and Toyota Motor Corp. (Toyota) co-own U.S. Patent 8,394,618 (the ’618 patent). After Reactive Surfaces Ltd. filed a petition for IPR of the ’618 patent, UMinn and Toyota filed a motion to dismiss the…
PTAB Remand Not Always Deja Vu When appealing a decision of an administrative agency such as the Patent Trial & Appeal Board (PTAB), reversal is quite rare . This is because rarely will a pure question of law (with no facts in dispute) control the outcome…
Federal Circuit Summary Before Moor, Mayer , and Stoll. Appeal from the patent Trial and Appeal Board Summary : The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with the specification or renders the term…
Federal Circuit Summary Before Newman, Wallach, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : Disclosure of a species may provide written description support for a claimed genus when the field of invention is a predictable art.…
