Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab appeals · clear
The intellectual property landscape is constantly evolving, with Patent Trial and Appeal Board (PTAB) proceedings continuing to serve as a central mechanism in patent litigation strategies. The 2024 PTAB Intelligence Report offers key insights,…
Written by : Geetha Durairaj, Ph.D. & Nathan D. Reeves VIRTEK VISION INTERNATIONAL ULC, v. ASSEMBLY GUIDANCE SYSTEMS, INC., DBA ALIGNED VISION Before Moore , Hughes, and Stark. Appeal from the Patent Trial and Appeal Board (“Board”). Summary :…
Since she took office on April 13th, USPTO’s director, Kathi Vidal, has made several public appearances, expressing her remarks on the patent system and describing her vision on the current issues. Her nomination by President Joe Biden received…
PTAB Appeals Focused on Merits The SCOTUS re-calibrated the PTAB’s appeal bar in Thryv, Inc v. Click-To-Call Techs ., LP., explaining that potential violations of 35 U.S.C. § 315(b) were too closely related to the institution determination of…
Supplemental Briefing Focuses on Remedies As discussed last week, the Federal Circuit has requested supplemental briefing in Arthrex Inc. v. Smith & Nephew to assess how best to remedy a potential Appointments Clause violation . The supplemental briefing…
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC Before Wallach , Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the U.S. District Court for the District of New Jersey. Summary : The PTAB correctly construed the…
A little over a year ago, the patent-eligibility of software inventions was very bleak. Examiners maintained difficult Alice-based rejections (rejecting the claims as abstract ideas, judicial exceptions to patent-eligibility) and applicants had little…
Federal Circuit Summary Before Newman , Dyk, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : An injury-in-fact is required to establish Article III standing for judicial review of agency action, even if a statute permits such review.…
Federal Circuit Summary Before Chen , Mayer, and Bryson. Appeal from the Patent Trial and Appeal Board. Summary : Claims directed to the abstract idea of rules for playing a dice game are not transformed into patent eligible subject matter by the addition…
Written by: Brandon G. Smith and Nicole R. Townes Federal Circuit Summary Before Moore , Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The Supreme Court’s decision in SAS Institute Inc. v. Iancu requires the Board in…
Federal Circuit Summary Before Prost, Moore , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : An IPR petitioner bears the burden of persuasion concerning the patentability of proposed substitute claims. Institut Straumann AG and Dental…
Federal Circuit Summary Before Taranto, Plager, and Chen . Appeal from the Patent Trials and Appeals Board. Summary : In determining whether materials distributed at meetings or conferences are reasonably accessible to the public, the Board must consider…
