686 articles · page 47 of 58
Patent Owner Sur-Replies on the Uptick Back in June of 2016, the Federal Circuit issued its opinion in Genzyme Therapeutic Products LP v. BioMarin Pharmaceutical Inc.( here ). At the time I explained that Genzyme was a game-changer . This was because it…
In the first half of 2017, we saw a continued decline in patent litigation. District court litigation was down 14 percent to 2,039, compared to 2,482 in the first half of 2016. As for quarterly comparisons, we observed a modest increase of about 10 percent…
Written by Vikas Bhargava and Kerry S. Taylor, Ph.D. In an order issued in Petroleum Geo-Services Inc. v. Westerngeco LLC, IPR2016-00407, IPR2016-00499, Paper 29 (P.TA.B. Jul. 5, 2017), the PTAB terminated the proceedings after the parties indicated that…
Written by Clayton R. Henson and Kerry S. Taylor, Ph.D. Previously, we reported the outcomes of remands from the Federal Circuit to the PTAB in IPR cases through 2016. [https://www.knobbe.com/news/2017/02/ipr-appeals-outcomes-fed-circ-remands-ptab-law360].…
Written by Keith Lim and Maria Anderson Note: an Addendum has been added to this previously published article. In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s…
Written by Daniel K. Yarbrough, Ph.D. and Benjamin Anger The PTAB granted-in-part a patent owner’s motion to substitute claims based on evidence of secondary considerations of nonobviousness in Valeo North America, Inc. v. Schaeffler Technologies, AG…
Written by Keith Lim and Vlad Teplitskiy In a precedential opinion, the Federal Circuit affirmed the determination by the Patent Trial and Appeal Board (“PTAB”) in a covered business method review proceeding that the claims of U.S. Patent No.…
"Closely Tied" Language of Cuozzo & Institution-Centric Statutes The en banc opinion on the scope of the AIA's appeal bar (35 U.S.C. §§ 324(e)/314(d)) remains outstanding in WiFi One . Still, we have seen a few opinions from the…
Over the last couple of weeks, we have reported the top five firms in Inter-Partes Review (IPR) from the perspectives of volume and performance during the period from 2012 to 2016. This week, we are moving one step further into law firms to identify the…
Are You Properly Corroborating Your In Re Katz Declarations? Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the Federal Circuit that has immediate value for patent prosecutors . Last week, in EmeraChem…
High Court to Review Constitutionality of AIA Trials The Supreme Court has had at least three occasions over the past 7 months to review the constitutionality of AIA trial proceedings — it declined all three invitations. Thus, the writing appeared to…
Written by Scott R. Seeley and Andrea Cheek The Federal Circuit upheld an IPR final written decision by the PTAB holding that MindGeek’s claims were unpatentable in Skky, Inc. v. MindGeek, S.A.R.L., No. 2016-2018 (Fed. Cir. June 7, 2017). MindGeek…
