Posts in Validity


Supreme Court Refuses Another 101 Patent Eligibility Appeal

REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
By Steve Brachmann
1 day ago 10

Serial and Duplicative Petitions at PTAB by Apple, Other Tech Giants Flout Congressional Intent

The Alliance of U.S. Startups and Inventors for Jobs (USIJ) recently released a report detailing the organization’s research into serial attacks on high quality patents …
By Steve Brachmann
4 days ago 5

Federal Circuit Vacates PTAB’s Decision to Uphold Enthone Patent

The Federal Circuit recently issued a nonprecedential decision in BASF Corporation v. Enthone, Inc. which vacated an earlier decision stemming from an inter partes review (IPR) proceeding …
By Steve Brachmann
15 days ago 4

SharkNinja Denied by PTAB, IPR Petition to Vacuum Cleaner Hose Patent Not Instituted

The Patent Trial and Appeal Board issued a decision denying the institution of an inter partes review (IPR) proceeding petitioned by home appliance developer SharkNinja. The decision …
By Steve Brachmann
18 days ago 1

CAFC Vacates PTAB Obviousness Decision, Nonobviousness Nexus Established by Patent Owner

The Federal Circuit recently issued a non-precedential decision in LiquidPower Specialty Products v. Baker Hughes, vacating and remanding a final written decision from the Patent Trial and …
By Gene Quinn & Steve Brachmann
19 days ago 7

Cardiac Monitoring Patent Invalidated Under § 101 as Patent Ineligibility

U.S. District Judge Indira Talwani of the District of Massachusetts signed an order dismissing a patent infringement suit brought by Malvern, PA-based wireless medical technology company …
By Steve Brachmann
20 days ago 25

Comcast Invalidates Rovi Patents at PTAB that Previously Secured Limited Exclusion Order at ITC

Perhaps Rovi will take the opportunity to test the waters with the newly created Precedential Opinion Panel (POP), which is intended to bring uniformity between examination procedures …
By Gene Quinn & Steve Brachmann
25 days ago 2

PTAB Institutes CBM Review of Nasdaq Patents Challenged by MIAX

In early October, the Patent Trial and Appeal Board (PTAB) instituted a series of covered business method (CBM) reviews on patents owned by American stock exchange Nasdaq. …
By Steve Brachmann
27 days ago 1

Waymo Patent Asserted Against Uber Suffers Setback in Reexamination

he U.S. Patent and Trademark Office issued a final office action in an ex parte reexamination of a patent owned by Google self-driving car development subsidiary …
By Steve Brachmann & Gene Quinn
29 days ago 0

PTAB Upholds Kamatani Cloud Patent Challenged by Unified Patents

Last week the Patent Trial and Appeal Board (PTAB) entered a final written decision terminating an inter partes review (IPR) proceeding that had challenged a patent owned …
By Gene Quinn & Steve Brachmann
2 months ago 1

Are all U.S. Patent Claims Invalid?

Nobel Biocare Srvcs. AG v. Instradent USA, Inc. makes one wonder whether all U.S. patents are invalid, or will eventually become invalid. This case demonstrates that …
By Gene Quinn
2 months ago 28

Smartflash Petitions Supreme Court to Challenge PTAB under Appointments Clause

In early August, patent owner Smartflash filed a petition for a writ of certiorari with the U.S. Supreme Court to appeal a case stemming from covered …
By Steve Brachmann
2 months ago 8

Some Rovi Patent Claims Survive IPR After PTAB Issues Final Decision in Comcast Challenge

On Monday, September 10th, the Patent Trial and Appeal Board (PTAB) issued a final decision in an inter partes review (IPR) proceeding petitioned by telecommunications conglomerate Comcast …
By Steve Brachmann
2 months ago 2

Petition for En Banc Review Asks Federal Circuit for Clarity on Single Reference Obviousness

The focus of the appeal is the need for clarity with respect to hopelessly irreconcilable caselaw on the issue of single reference obviousness... Decisions from the Federal …
By Gene Quinn & Steve Brachmann
3 months ago 6

CAFC Upholds 101 Invalidation of Database Claims on Summary Judgment Despite Berkheimer

On Wednesday, August 15th, the Court of Appeals for the Federal Circuit issued a precedential decision in BSG Tech LLC v. BuySeasons, Inc. which upheld a decision …
By Steve Brachmann
3 months ago 15

Our website uses cookies to provide you with a better experience. Read our privacy policy for more information.Accept and Close