News and Analysis
Innovation, Technology, and IP News
Fresh From the Bench: Latest Federal Circuit Court Cases
CASE OF THE WEEK Cap Export, LLC v. Zinus, Inc., Appeal No. 2020-2087 (Fed. Cir. May 5, 2021) The Federal Circuit issued a single precedential patent case this week. The district...
Court Grants Relief From Judgment After Witness Lies About the Bed of Its Own Making
CAP EXPORT, LLC v. ZINUS, INC. Before Dyk, Bryson, and Hughes. Appeal from the United States District Court for the Central District of California. Summary: A judgment and...
Feed tagged as "ptab":
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 »
House and Senate Judiciary Committees Alerted to “Significant and Rapidly Growing Problem”
Earlier this month, a coalition of stakeholder... Read More »
Board Acknowledges Slipping WDTX Trial Date
Some weeks back I highlighted the institution decision in Sand Revolution II LLC., v. Continental Inter Modal Group... Read More »
