Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged uspto · clear
PTAB Precedent (Not Surprisingly) Embraces CAFC Precedent As I pointed out last week, it is a heavy lift for the Patent Trial & Appeal Board (PTAB) to designate a precedential decision . For this reason, nothing but the most straightforward of issues can…
USPTO Explains Intervenor Standing Some weeks back in Knowles Electronics v. Matal, the Federal Circuit, sua sponte, asked the following of the parties (order here ): When the prevailing party in an inter partes reexamination proceeding before the…
Previous posts (e.g., here , here and here ) discussed the patent enforcement activity of Celgard , a North Carolina company that manufactures specialty membranes and separators for lithium ion batteries. In these lawsuits, Celgard has asserted U.S. Patent…
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 Jeffrey C. Wu, Ph.D. and Ben J. Everton The Supreme Court granted a petition for writ of certiorari to address whether inter partes review – an adversarial process used by the Patent Office to determine the validity of existing patents…
After USPTO Director Michelle Lee resigned quite suddenly on Tuesday, rumors and speculation have been the only constant. Early speculators bet that Drew Hirschfeld, current Commissioner of Patents, would get the job. (He is best known to me as the one who…
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…
Between February and May of this year, IPO , AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates to…
In In re Affinity Labs of Texas, LLC, [2016-1173] (May 5, 2017), the Federal Circuit affirmed the Board’s decision that §317(b) did not bar the reexamination and that the reexamined claims were invalid. Affinity sued Apple for infringement of…
A new report by the Brookings Institution notes a troubling recent reversal in U.S. green patenting activity. Specifically, the report found that the total number of clean tech patents granted by the U.S. Patent and Trademark Office between 2014 and 2016…
