Posts Tagged: inter partes review


Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
By Eileen McDermott
3 days ago 0

What Increased Success Rates for Amending Claims During Post-Grant Proceedings Means for Patent Litigation

As reported by the Patent Trial and Appeal Board here and by others, the motion to amend pilot program (see 84 Fed. Reg. 9497), which took effect in March 2019, …
By Tyler Bowen
4 days ago 1

CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device

On February 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in an appeal by Canfield Scientific, Inc. (Canfield) from the …
By La'Cee Conley
4 days ago 0

Patent Filings Roundup: New Magnetar Entity Sues Oracle on Compression Tech; WSOU Changes Course; New Tim Pryor Campaign

Filings reverted to the mean this week, with 31 Patent Trial and Appeal Board (PTAB) filings (5 post grant reviews and 25 inter partes reviews) and roughly double that (61) for …
By Jonathan Stroud
17 days ago 0

Patent Filings Roundup: PTAB Denies Verizon in Favor of Huawei; ‘Patent Paycheck Program’; Rock of AGIS

District court patent filings exploded this week with 126, while Patent Trial and Appeal Board filings were down substantially, with just 11 inter partes reviews (IPRs) and two post …
By Jonathan Stroud
24 days ago 1

Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory

The U.S. Court of Appeals for the Federal Circuit (CAFC) on February 1 held in part that the United States Patent and Trademark Office’s (UPSTO) Patent …
By Eileen McDermott
24 days ago 5

The Day One Project Examined: USPTO Transition Proposals Advocate Questionable PTAB, Section 101 Policies

Recently, the Day One Project, an initiative of the Federation of American Scientists, released a transition document drafted by a collection of veteran policymakers discussing a range …
By Steve Brachmann
1 month ago 17

CAFC Partially Vacates PTAB for Legal Error in ‘Reasonable Expectation of Success’ Analysis

On January 27, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in-part and vacated in-part a decision of the Patent Trial and Appeal Board (…
By La'Cee Conley
1 month ago 22

Patent Filings Roundup: MedTech Litigation Ticks Up; Medtronic Files IPRs; Lenovo Brings Long-Running Mobile Patent Fight to Board

District Court patent filings were down again this week with just 46—two thirds of usual output—and the continued absence of any new WSOU filings may point …
By Jonathan Stroud
1 month ago 0

Patent Filings Roundup: Fortress Gets Into the 5G SEP Game; Judge Gilstrap Stays Trial for Reexam After Board Denied Under Fintiv; Fintiv Case Transferred

All eyes this week were on the USPTO Director’s chair and the inauguration, and yesterday the USPTO posted a farewell blog and speech, confirming that Andrei …
By Jonathan Stroud
1 month ago 4

Patent Filings Roundup: Board Says ‘Nein’ to German Company’s IPR; A PTAB Footnote to the Fortress/Intel Fight

Per the usual slow January, it was a light week at both the Patent Trial and Appeal Board (PTAB) and in the district courts. At the PTAB, …
By Jonathan Stroud
1 month ago 0

PTAB Will Use Nautilus Approach to Indefiniteness for Post-Grant Proceedings

Last week, the United States Patent and Trademark Office (USPTO) issued binding indefiniteness guidance in a memorandum from Director Andrei Iancu that addresses confusion about which indefiniteness …
By La'Cee Conley
2 months ago 8

Supreme Court Will Review Doctrine of Assignor Estoppel

On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
By Eileen McDermott
2 months ago 3

CAFC Dismisses Appeal as Moot, Prost Dissents in Part

On January 7, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed ABS Global's appeal from the United States Patent and Trademark Office (USPTO) Patent …
By IPWatchdog
2 months ago 1

Patent Filings Roundup: IP Edge End-of-Year Filing Spree, WSOU Ends Year as Top Single-Entity Filer; AC Competitors Go to War Over a Cool Million

Combining the holiday break, we see a steady 24 and 25 Patent Trial and Appeal Board (PTAB) petitions filed in the last two weeks, respectively, with 84 and 71 District Court …
By Jonathan Stroud
2 months ago 0