686 articles · page 49 of 58
Written by Keith Lim and Maria Anderson In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were…
Public vs. Private Rights: Another PTAB Distraction We all remember the " Great BRI Debate " that was Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2143–44 (2016). PTAB critics argued that the Board's "broadest" claim…
Written by Nathanael Luman, Ph.D. and Kerry S. Taylor, Ph.D. The PTAB granted joinder of a time-barred petitioner to an IPR trial after the patent owner settled its dispute with the original petitioner in AT&T Services, Inc. v. Convergent Media Solutions,…
Written by Benjamin Anger and Mark Rubinshtein , Ph.D. A magistrate judge in the Eastern District of Texas recommended in Biscotti, Inc. v. Microsoft Corp., No. 2:13-CV-01015, DI 191 (E.D. Tex. May 11, 2017) that Microsoft should be estopped from asserting…
Written by Casey D. Donahoe, Ph.D. and Benjamin Anger In a Final Written Decision in Johns Manville Corp. v. Knauf Insulation, Inc., IPR2016-00130, Paper 35 (P.T.A.B. May 8, 2017), the PTAB found that petitioner Johns Manville (JM) was not estopped from…
Written by Peter Heuser, Schwabe, Williamson & Wyatt Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple , the panel finds…
Written by Clayton R. Henson and Kerry S. Taylor, Ph.D. The PTAB recently issued a final written decision on remand from the Federal Circuit, holding all claims to be unpatentable in Athena Automation Ltd., v. Husky Injection Molding Sys. Ltd.,…
Written by David T. Kim and Scott Raevsky Four recent Final Written Decisions from the PTAB supported patentability on the rare basis of “secondary considerations of nonobviousness” in Varian Medical Systems, Inc. v. William Beaumont Hospital,…
Written by Nathanael Luman, Ph.D. and Scott Raevsky The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr.,…
"Under This Section" a Limitation on the Scope of 314(d) Appeal Bar? In today's en banc argument ( audio here ) the Federal Circuit considered the whether it should overrule Achates Reference Publishing, Inc. v. Apple Inc., 803 f . 3d 652…
Written by Damien Howard and Nathanael Luman, Ph.D. The PTAB expunged non-compliant motions for observations on cross-examination in Xilinx, Inc. v. Papst Licensing GMBH & Co., KG, IPR2016-00104, Paper 22 & IPR2016-00105, Paper 22 (P.T.A.B. May 3, 2017).…
PTAB Ethics Accusations Are Misguided Critics of the Patent Trial & Appeal Board (PTAB) are not hard to find — attorneys especially hate change. Since the start of AIA trial proceedings in 2012, we have seen a never ending stream of challenges to…
