Innovation, Technology, and IP News
Design Patent Protection for Fashion
On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents. Fashion-related designs figured prominently among the new patent grants...
Illumina v. Ariosa – Fed. Cir. Splits a Fine s. 101 Hair
Until I read that another commentator wrote that the split panel decision in Illumina v. Ariosa Diagnostics, Appeal No. 2019-1419 (Fed. Cir., March 17, 2020) struck a hopeful note in...
Feed tagged as "ptab":
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... Read More »
LEAP Program Launches 5/15
Today, the USPTO officially launched the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (LEAP)... Read More »
A few weeks ago, for the first time, we compared the cost of patent prosecution for Apple’s top firms (Patexia Insight 77). One of our readers asked if we could ... Read More »
Public Policy Role of PTAB Clashes with Assignor Estoppel Equities
The doctrine of assignor estoppel prevents prior owners/inventors of a patent from later... Read More »
SCOTUS Clarifies PTAB Institution Issues Not Subject to Appeal
Back In December I pointed out that the SCOTUS would likely tighten the PTAB appeal bar in Dex... Read More »
Additional Briefing Invited on Binary Application of NHK
Last week I pointed out that the litigation timing factor introduced by NHK Spring Co. Ltd. v. Intri-Plex ... Read More »
Cert Petitions Pursue Takings Clause Argument
Last week, Arthrex filed a petition for certiorari challenging the holding of the Federal Circuit that its... Read More »
NHK Swallows General Plastic
The America Invents Act (AIA) was passed into law in 2011 to provide a more cost-effective, faster alternative to district court... Read More »
Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a)
Congress created IPR to provide a “quick and cost effective alternative[ ] to... Read More »
Written by: Mak Tsunozaki, Ph.D. & Kendall Loebbaka
ARTHREX, INC. v. SMITH & NEPHEW, INC.
Before Prost, Newman, Lourie, Dyk, Moore, O’Malley... Read More »
PTAB Estoppel & Inequitable Conduct
Inequitable conduct before the USPTO is an equitable defense to patent infringement that, if proved, bars enforcement of a ... Read More »
Expert Agency Shown Deference in Matters of Claim Scope
While IPR petitioners may only challenge patent claims based upon patents and printed publications... Read More »
The Fed. Cir. panel decision in Samsung Elec. Amer., Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, 2019-1260 (Fed. Cir., Feb. 4, 2020) flew under my... Read More »
Earlier this year, we analyzed the 2019 patent activities in Patexia Insight 74. Among our observations, we noticed a sharp decline in the number of IPR petitions... Read More »
Attorney Fees Available for Successful Defendant
As discussed back in September, district courts look to PTAB developments in assessing fee awards under 35 U.S.C. ... Read More »
CAFC Implies PTO Might Overlook Some 112 Issues
The Patent Trial & Appeal Board (PTAB) does not accept trial grounds under 35 U.S.C § 112 in Inter Partes ... Read More »
Discretionary Consideration Bars ReturnMail Side-Step Via Intervenor
Last fall, I explained that the Patent Trial & Appeal Board (PTAB) was considering the... Read More »
PERSONAL AUDIO, LLC v. CBS CORPORATION
Before Moore, Reyna, and Taranto. Appeal from the United States District Court for the Eastern District of Texas.
... Read More »
On December 11, 2019, the PTAB designated two additional decisions as “informative.” Such informative decisions are not binding on subsequent... Read More »
PTAB 2019: A Year of New Precedent
There were a number of high profile developments at the Patent Trial & Appeal Board (PTAB) in 2019. New procedures for... Read More »
