News and Analysis
Innovation, Technology, and IP News
Fresh From the Bench: Latest Federal Circuit Court Cases
CASE OF THE WEEK In re: MaxPower Semiconductor, Inc., Appeal No. 2021-146 (Fed. Cir. Sept. 8, 2021) In its only precedential patent case this week, the Federal Circuit denied a...
Feed tagged as "ptab":
Unpacking the Importance of the Claimed Invention from Other Commercial Components
Objective indicia of non-obviousness, such as commercial success and industry... Read More »
Patent litigation remained strong in the second quarter of 2021. District court litigation, in particular, increased 11% in Q2 compared to Q1. Inter-Partes Review... Read More »
As we prepare to publish our first Federal Circuit IIntelligence Report, we plan to dive deep into the Federal Circuit patent cases, their origins, filing activity... Read More »
The first quarter of 2021 just ended but several recent trials in Waco, Texas including the famous VLSI Technology vs. Intel, which resulted in a $2.18B verdict... Read More »
In Re THE BOARD OF TRUSTEES
Before Prost, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: A claim directed to an innovative... Read More »
Inconsistency Across Related Cases is Precluded
When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present... Read More »
Agency Left to Defend Unsettled Legacy
Upon taking the reins at the USPTO, Director Iancu made clear that he believed the Patent Trial & Appeal Board (PTAB)... Read More »
SIPCO, LLC v. EMERSON ELECTRIC CO.
Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The Board’s... Read More »
Joinder Estoppel Narrower Than Original Petition Estoppel
Court’s have struggled with the meaning of the “reasonably could have raised” aspect... Read More »
PTAB Seeks Public Input
Based on stakeholder feedback, the Patent Trial and Appeal Board (PTAB) has added an online form (here) to the USPTO website that allows... Read More »
Transitional CBM Challenge Program Sunsets Today
The America Invents Act (AIA) placed an expiration date on Covered Business Method (CBM) challenges. That... Read More »
SECURITY PEOPLE, INC. v. IANCU
Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California... Read More »
The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district... Read More »
If the PTAB Fee Model is Biased, Patent Owners Have Much Bigger Problems
Recently, a due process challenge has been raised to the PTAB fee model in New Vision... Read More »
CAFC Refuses Remand on 112 6th Deficiencies
When challenging claims at the Patent Trial & Appeal Board (PTAB), Rule 42.104(b)(3) requires a Petitioner to... Read More »
FANDUEL, INC. v. INTERACTIVE GAMES LLC
Before Dyk, Moore, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: The Board does not violate ... Read More »
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC
Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board
Summary: Standing to ... Read More »
Delaware Cases Slipping 4-6 Months
The practice of denying AIA trial petitions in view of competing district court trial dates has brought some negative attention ... Read More »
Settlement by Amendment Scenario Thwarted in PTAB Rehearing Reversal
Last March, I explained the strange scenario playing out in ZTE USA Inc., & LG... Read More »
Roughly 10% of AIA Proceedings Involve Amendments
Earlier this week the Patent Trial & Appeal Board (PTAB) released the sixth installment of its Motion to... Read More »
