Posts Tagged: reexam


Federal Circuit reverses Board on erroneous application of the broadest reasonable interpretation

The Federal Circuit concluded that the Board's construction of the term 'body' was unreasonably broad even given proper usage of the broadest reasonable interpretation claim standard... This …
By Gene Quinn
3 months ago 8

A Look Back at the Legislative Origin of IPRs

Those now familiar with IPR proceedings will already have recognized how little resemblance current IPR proceedings have to what most supporters of the AIA envisioned upon its …
By Phil Johnson
3 months ago 30

Judge Paul Michel presents supplemental testimony on PTAB reforms to the House IP subcommittee

To fix the current incarnation of the U.S. patent system and reinvigorate the American economy, Judge Michel called upon the House IP subcommittee to adopt seven …
By Steve Brachmann
3 months ago 19

CAFC Vacates and Remands Inconsistent Rulings by the Board on Validity of two SynQor Patents

The Board failed to address all grounds for proposed rejections under the APA by ignoring certain arguments made by Vicor during the reexamination. Additionally, the Board failed …

PTAB’s Claim Construction Regarding Means-Plus-Function Limitation Was Erroneous

The Federal Circuit vacated and remanded the Board’s finding of obviousness of certain challenged claims based on a means-plus-function limitation, affirmed the Board’s finding of …

Phillips Claim Construction Standard Applies to Ex Parte Reexam After Patent Expires

The Court held that the Board improperly continued to apply the BRI standard following the expiration. While the examiner properly applied the BRI prior to expiration, the …

SCOTUS asked to consider proper scope of ex parte reexamination proceedings at USPTO

Pactiv, LLC v. Lee presents a question fundamental to all ex parte reexaminations: whether, after the PTO initiates an ex parte reexamination, that proceeding is limited in …
By Paul Hughes
1 year ago 6

Judgment With Prejudice is Res Judicata and not Vacated Even if Mooted by Later Reexamination

Cardpool, Inc., v. Plastic Jungle, Inc., NKA Cardflo Inc. (Fed. Cir. Apr. 5, 2016) (Before Newman, Reyna, and Wallach, J.) (Opinion for the court, Newman, J.)(Federal Circuit held …

Teaching Away Insufficient to Overcome Motivation to Combine References

While Dome’s argument against obviousness based on Tanaka teaching away was plausible, it was not sufficient to overcome the district court’s factual findings that a …

Apple Design Patent Rejected in Reexamination by USPTO

Earlier this month the Central Reexamination Unit of the United States Patent and Trademark Office (USPTO) issued a non-final rejection of an Apple design patent at the …
By Gene Quinn
2 years ago 6

Collateral Estoppel Applies to Reexam Claim

The Federal Circuit held that the district court correctly applied collateral estoppel to the ’774 patent because reexamined claim 33 contains the same memory limitation previously found in claims 1 …
By Gene Quinn
3 years ago 0

Kappos on Patent Trial and Appeal Board Trial Proceedings

Kappos explained that the PTAB has started and will continue, in at least some cases, to issue shorter per curiam decisions, which will allow them to decide …
By Gene Quinn
5 years ago 1

Dueling Press Releases Over Reexamination Ordered by USPTO

The substantial new question of patentability standard is lower than the prima facie case of unpatentability standard needed for a patent examiner to make a valid rejection. …
By Gene Quinn
5 years ago 2

CAFC: PTO Has Power to Reexamine Already Adjudicated Patents

The CAFC’s split panel decision this past week – In re Construction Equipment Company – extends the PTO’s authority to reexamine a patent even where its validity …
By Scott M. Daniels
6 years ago 14

A Winning Patent Infringement Defense: Reexamination Creates Intervening Rights, Erases $29.4 Million Verdict

Companies accused of patent infringement are increasingly looking at patent reexamination at the Patent Office as an attractive avenue for challenging the patent’s validity. Reexamination offers …
By Scott M. Daniels
6 years ago 1