686 articles · page 48 of 58
Last week, we reported on the top five market leaders who represented petitioners and patent owners in Inter-Partes Review (IPR) from 2012 through the end of 2016. While volume offers key measure for activity, another important metric is the quality or…
Preliminary Responses Accompanied by Declaration Evidence: Updated Results Back on May 1st of 2016, the Patent Trial & Appeal Board (PTAB) began to accept new testimonial evidence with patentee preliminary responses. The PTAB implemented this change to…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. Six precedential patent cases decided by the Circuit this week dealt with personal jurisdiction in DJ actions, construction of means plus function claim language, the definition of what…
Focus of CBM Standing Analysis: Claim Language Yesterday, the Federal Circuit denied en banc review in Secure Axcess LLC v. PNC Bank National Assoc., et al. The rehearing request sought a full court review of America Invents Act (AIA) Sec. 18's…
Since its inception in September 2012, Inter-Partes Review (IPR) has emerged as a powerful tool to challenge the validity of patents in lawsuits. We have closely monitored this from the viewpoint of companies, law firms, judges, attorneys, patents, claims,…
Written by Peter Law and Kerry S. Taylor, Ph.D. On May 23, 2017, the PTAB granted the University of Maryland’s (UM) motion to terminate inter partes review based on UM’s sovereign immunity in Neochord, Inc. v. Univ. of Maryland, Baltimore and…
Written by Nathanael Luman, Ph.D. and Scott Raevsky The PTAB denied Apple’s motion to withdraw both its IPR petition and concurrent motion for joinder to prevent Apple from circumventing potential estoppel ramifications in Apple Inc. v. Papst…
Recent Decision out of EDTX First to Get PTAB Estoppel Provision Correct IPR estoppel is established under 35 U.S.C. § 315(e)(2), which provides that “the petitioner in an inter partes review of a claim in a patent . . . that results in a final…
"All or Nothing" PTAB Institution Practice Coming Soon? Today, the Supreme Court granted certiorari in SAS Institute Inc., v. ComplemenSoft LLC. As previously explained , SAS argues that partial PTAB trial institutions are inconsistent with the…
Written by Casey D. Donahoe, Ph.D. and Benjamin Anger The Federal Circuit vacated and remanded the PTAB’s final written decision holding that claims directed to steel making methods were obvious in Rovalma, S.A. v. Bohler-Edelstahl GmbH & Co. KG, No.…
Written by David J. Grant and Nathanael Luman, Ph.D. The Federal Circuit held that statements made by a patent owner in an IPR, whether before or after institution, can be considered during claim construction in district court litigation and relied upon to…
Written by Peter Heuser, Schwabe, Williamson & Wyatt, P.C. In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the…
