Posts Tagged: "In re Affinity Labs of Texas"

The Federal Circuit affirmed a Patent Trial and Appeal Board (“Board”) decision to uphold the unpatentability of several claims of a patent owned by Affinity Labs of Texas, LLC (“Affinity”). An Examiner initially found the claims to be unpatentable during two inter partes reexaminations and an ex parte reexamination of Affinity’s patent…. The estoppel provision of pre-AIA 35 U.S.C. § 317(b) for reexamination proceedings applies, claim-by-claim, to the party in the litigation, and does not trigger termination of reexamination proceedings involving other parties and other claims.