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Fresh From the Bench: Latest Federal Circuit Court Case

CASE OF THE WEEK Treehouse Avatar LLC v. Valve Corp., Appeal No. 2022-1171 (Fed. Cir. Nov. 30, 2022) In the only precedential patent opinion issued by the Federal Circuit this week...

Female Entrepreneurs are Building Lifechanging Businesses. They Need Intellectual Property Protections to Do it.

As a woman who has spent her career as a serial entrepreneur and fighter for women entrepreneurs, I was appalled to read a recent letter from 100 members of Congress calling on Health...

Expert Testimony Inconsistent With Agreed-Upon Claim Construction Is Properly Stricken

Written by: Brianne M. Kingery & Jeremy Anapol TREEHOUSE AVATAR LLC v. VALVE CORPORATION Before Lourie, Reyna, and Stoll. Appeal from the U.S. District Court for the Western ...

Patent Experts Urge Kanter to Reject Calls to Scrap Avanci Business Review Letter

“The authors of the November 30 letter argue that the October 17 letter ‘perpetuates long-standing misunderstandings by some academics, policy activists, and companies, who ...

Patexia Insight 161: Top CAFC Law Firms of 2022

In late October, we released our second annual CAFC Intelligence Report. The report provided high-level statistics and insights and evaluated the stakeholders participating in the...

"They've Helped Themselves to My Artwork..." Banksy Accuses GUESS

  “Attention All Shoplifters…” Another guerrilla marketing strategy or unintentional (intentional) copyright infringement? This fall/winter 2022...

Get to Know This Year's Women Leaders in Tech Law

The Recorder honored the women lawyers handling game-changing, law-shaping, market moving work in and around the tech sector as part of the California Legal Awards on Nov. 3. Meet...

Feed tagged as "ptab decisions":
  Since she took office on April 13th, USPTO’s director, Kathi Vidal, has made several public appearances, expressing... Read More »
A little over a year ago, the patent-eligibility of software inventions was very bleak. Examiners maintained difficult Alice-based rejections (rejecting the claims as ... Read More »
On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR. Allergan Pharmaceuticals owned patents that it had ... Read More »
In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff’s Motion in... Read More »
The court in Koninklijke Philips N.V. v. Wangs All. Corp., No. 14:cv-12298, 2018 WL 283893 (D. Mass. Jan. 2, 2018) denied summary judgement of no invalidity, finding... Read More »
In an IPR on remand from the Federal Circuit on appeal of a motion to amend, the PTAB considered the scope of briefings of the parties in view of the Federal... Read More »
On March 21, 2018, the PTAB designated two decisions as “informative” that denied institution for presenting prior art that had been previously presented... Read More »
The PTAB held that all of Genentech’s challenged antibody purification claims were unpatentable as being anticipated, obvious, or both, in an IPR filed by... Read More »
In Polygroup Lim ited v. Willis Electric Co., Ltd., IPR2016-01613, Paper 118 (Feb. 26, 2018), the PTAB granted the patent owner Willis Electric’s motion to... Read More »
The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly... Read More »
A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s... Read More »
The PTAB has determined that a patent owner may not moot a CBM proceeding by disclaiming claims post-institution. Emerson Elect ric Co. v. SIPCO, LLC, CBM2016-00095... Read More »
In wake of the Federal Circuit’s W i-Fi One decision, the PTAB has designated two of its decisions as informative on the issue of IPR petition timeliness under... Read More »
On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a... Read More »
The PTAB issued an order stating that it would grant Patent Owner’s motion to amend claims upon Patent Owner accepting further claim amendments suggested by the ... Read More »
The Tension Between Judicial Independence & Agency Consistency As I have pointed out previously, the Board struggles to issue precedential decisions. This is... Read More »
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