Innovation, Technology, and IP News

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 »

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 »