Posts Tagged: reexamination

In non-precedential decision CAFC reverses PTAB finding of obviousness in reexamination

In re: Natural Alternatives, LLC, 2015-1911 (opinion and errata) is a non-precedential but still notable case from the U.S. Court of Appeals for the Federal Circuit …
By John M. Rogitz
24 days ago 1

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
2 months 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 …

How the AIA requires the USPTO to be a patent system arms dealer

Not only does the Patent Office handsomely charge for the acquisition and maintenance of a patent, they also handsomely charges for the right to challenge those patents …
By Gene Quinn
7 months ago 35

Appending Conventional Steps to Abstract Idea an Insufficient Inventive Concept

The Court held that dealing “physical playing cards” did not constitute patent eligible territory. This constituted a “purely conventional” activity, like the conventional computer implementation that fell …

CAFC Dismisses Inter Partes Reexamination Appeal By a Party Who was Not Initial Requester

Waters argued that Agilent could not appeal, because Aurora was the third-party requester of the reexamination, not Agilent. The Court held that the relevant question was whether …

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
1 year 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
2 years ago 0

Soverainv. Newegg: Not an Ordinary Obviousness Dispute

The absolute truth known to everyone in the innovation community is that pioneering innovations become commonplace. What was revolutionary at the time the invention was made becomes …
By Gene Quinn
3 years ago 24

Part 2 – The AIA: A Boon for David or Goliath?

Our inter partes challenge data from pre- and post-passage of the AIA clearly show that of the relatively few initial denials made by the USPTO of an …
By Steve Moore
3 years ago 2

A Factured Fairytale Part 3: More Patent Troll Myths

Myth 4: Patents of NPEs fare much more poorly in reexamination proceedings brought during litigation than those of Producers. Truth: When one includes independent inventors and independent inventors …
By Steve Moore
3 years ago 1

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
4 years ago 1

David Kappos Headlines Post-Grant Patent Trial Program in NY

A new addition to the program just announced today is David Kappos, who is the immediate former Director of the United States Patent and Trademark Office. Kappos, …
By Gene Quinn
4 years ago 1