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WiFi One Opens the Door to Reconsideration of Well-Established PTAB Precedent The Federal Circuit’s softening of the appeal bar (35 U.S.C. § 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an…
Board Continues to Provide Helpful Feedback on Best Practices The Patent Trial & Appeal Board (PTAB) has designated the following decisions, which involve 35 U.S.C. § 315(b), as informative. Luv N’ Care, Ltd. v. McGinley, Case IPR2017-01216…
On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. Eleventh Amendment immunity had been…
WiFi One Touchstone: Closely Related to Patentability Determination? As I predicted would happen last Spring , the Court held today in Wi-Fi One v. Broadcom ( here ) that the appeal bar is limited to Director determinations closely related to the…
Federal Circuit Summary En banc, Reyna . Appeal from the Patent Trial and Appeal Board. Summary : The Federal Circuit can review the Board’s decision whether an IPR is time barred under § 315(b). In 2010, Ericsson filed a complaint for patent…
Litigation Waiver Now Threatens Tribal Immunity Dispute As I pointed out before the holidays, given the practical need to litigate patents in today’s monetization environment, the Board’s litigation waiver decision in Ericsson v. Regents of the…
Federal Circuit Summary Before Newman, O’Malley, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Anticipation is not proven by multiple, distinct teachings in a single prior art document that a skilled artisan might somehow combine…
In both HTC v. Cellular and Microsoft v. Biscotti , the Circuit affirms rare IPR determinations that all of the claims of the patents at issue are not invalid. In Travel Sentry v. Tropp , the Circuit vacates summary judgment in favor of luggage…
The odd title of this post arose from the fact that defendant Autel U.S., Inc. chose not to appeal its IPR win against Bosch that included invalidation of the claims in suit, and the refusal of the Board to enter an amended claim set proposed by Bosch.…
Federal Circuit Summary Before NEWMAN, CHEN , and HUGHES. Appeal from the Patent Trial and Appeal Board. Summary: In inter partes review, the patent challenger bears the burden of proving that proposed amended claims are unpatentable. This burden applies…
Infringement Action Waives PTAB Immunity State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment. To date, a handful of such entities have successfully leveraged the same immunity theory to avoid review of their…
The PTAB issued an order stating that it would grant Patent Owner’s motion to amend claims upon Patent Owner accepting further claim amendments suggested by the judges in Taiwan Semiconductor Manufacturing Co. Ltd. v. Godo Kaisha IP Bridge 1 ,…
