Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab appeals · clear
Federal Circuit Summary Before Lourie, O’Malley , and Hughes. Appeal from the Patent Trial and Appeal Board. Summary : Evaluation of “teaching away” requires consideration of whether a reference “criticize[s], discredit[s], or…
Federal Circuit Summary Before Moore, Wallach , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be used as evidence to rebut actual admitted…
Federal Circuit Summary Before Newman, Dyk , and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB may enter an adverse judgment against a patent owner where, before issuing an institution decision on an IPR petition, the…
Federal Circuit Summary En banc, Reyna . Appeal from the Patent Trial and Appeal Board. Summary : The Federal Circuit can review the Board’s decision whether an IPR is time barred under § 315(b). In 2010, Ericsson filed a complaint for patent…
Remand or Reversal? Appeals from the Patent Trial & Appeal Board (PTAB) have now become a major component of the Federal Circuit’s docket. Given the deferential “substantial evidence” standard accorded PTAB decisions, upward of 60% of…
