Posts Tagged: inter partes review


An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews

The Federal Circuit has repeatedly confirmed that secondary consideration evidence is an integral part of an obviousness analysis (indeed, it “may be the most pertinent, probative, and …
By Kristin Doyle
7 days ago 8

Patent Filings Roundup: Lighthouse Campaign Snuffed Out, At Liberty to Sue, Express Train Rolls On

District court and Patent Trial and Appeal Board (PTAB) patent filings were at roughly steady-state again this week, with 36 PTAB petitions and 75 new patent infringement district court …
By Jonathan Stroud
11 days ago 0

Revised Facebook v. Windy City Opinion Preserves Bar on Self-Joinder for IPRs, Remands to PTAB on Late-Filed Petitions

On September 4, the United States Court of Appeals for the Federal Circuit (CAFC) modified and reissued its March 18, 2020 opinion in Facebook v. Windy City Innovations, LLC, following …
By Rebecca Tapscott
12 days ago 0

Federal Circuit Vacates District Court Invalidity Judgment Based on Judicial Estoppel

On August 28, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the District of Massachusetts’ claim construction in …
By IPWatchdog
14 days ago 0

Patent Filings Roundup: IP Edge Sues 26; Quirky IP Files for Creator; Spell Check Targeted

District court and Patent Trial and Appeal Board (PTAB) patent filings were steady this past week, with 31 PTAB petitions and 78 new district court complaints. Many of those …
By Jonathan Stroud
18 days ago 0

IPWatchdog’s CON2020 Kicks Off with Andrei Iancu on 101, China, and Building Respect for IP

U.S. Patent and Trademark Office (USPTO) Director, Andrei Iancu, joined day one of Virtual CON2020 today to chat with IPWatchdog CEO and Founder Gene Quinn about …
By Eileen McDermott
19 days ago 1

Patent Filings Roundup: Qualcomm Keeps Monterey at Bay; H&R Block Hit with Revived Uniloc Patent; Board Rejects 11 Intel Petitions Against Fortress Sub

District court patent filings and filings with the Patent Trial and Appeal Board (PTAB) were relatively subdued this week, with 53 new complaints and 31 PTAB filings; the PTAB …
By Jonathan Stroud
24 days ago 0

Mandamus Petition to CAFC Sets Up Showdown Between Article III Courts and Stacked PTAB Panels

On August 13, Sand Revolution LLC filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit. The petition asks the …
By Steve Brachmann
26 days ago 14

Federal Circuit Affirms District Court Dismissal of Administrative Procedure Act Suit Appealing PTAB Decision

On August 20, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s dismissal of an appeal from the United States Patent …
By Rebecca Tapscott
26 days ago 3

Patent Filings Roundup: WSOU Targets Hewlett-Packard Inc., HPE; PTAB Skips Maxell IPRs; Drone Maker Files Against Daedalus Blue

Even patent litigants take vacations (or staycations, this year). Whether it’s because it’s August and the temperatures were topping 90 degrees in the District, or because …
By Jonathan Stroud
1 month ago 0

Arthrex Update: New Amicus Briefs and USPTO Petition

Activity surrounding the requests for the Supreme Court’s review of the holdings in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II continues to …
By Rebecca Tapscott
1 month ago 2

Patent Filings Roundup: AI Inventor Facial Challenge Filed; Lego and WB Challenge RFID Toy Patents; Uniloc Challenge Denied for Indefiniteness (Sort Of )

This week, the district courts saw 77 new complaints—though at least 10 are re-filings of Uniloc v. Google cases being transferred from the Eastern District of Texas to …
By Jonathan Stroud
1 month ago 5

US Inventor Amicus in New Vision Gaming: ‘October Effect,’ Subjective APJ Evaluations Support Due Process Argument Against PTAB

On August 3, inventor advocacy group US Inventor filed an amicus brief with the U.S. Court of Appeals for the Federal Circuit in support of a due …
By Steve Brachmann
1 month ago 3

Patent Filings Roundup: U.S. Tractor Retailer Hit; TikTok Sued by Triller; IP Edge Entities Dominate District Court Filings

This week, district courts saw 91 new complaints, a large portion filed by IP Edge subsidiaries, such as Karetek Holdings, LLC; Guada Technologies; Tunnel IP, LLC; Altair Logix, …
By Jonathan Stroud
2 months ago 1

PTAB Decides Against Moderna in Challenge to Arbutus Vaccine Patent

On January 9, 2019, Moderna Therapeutics, Inc. (“Moderna”) filed a petition requesting inter partes review of U.S. Patent No. 8,058,069 (the ‘069 patent) owned by Arbutus Biopharma. The ‘069 patent is …
By Kim Jordahl
2 months ago 1