Posts Tagged: IPR


Practice Tips Following USPTO Guidance on Applicant Admitted Prior Art

On August 18, 2020, the USPTO issued a guidance memorandum on the treatment of applicant statements in the challenged patent in inter partes review (IPR) proceedings under Section 311, which …
By Benedict Hanrahan
10 hours ago 2

Federal Circuit Rejects St. Jude’s Challenge to Validity of Snyders’ Heart Valve Patent

On October 15, the United States Court of Appeals for the Federal Circuit (CAFC), in St. Jude Medical, LLC v. Snyders Heart Valve LLC, affirmed an inter partes …
By Rebecca Tapscott
1 day ago 0

Federal Circuit Affirms PTAB Finding that Immunex Antibody Patent is Obvious

The United States Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed an invalidity decision of the U.S. Patent and Trademark Office’s Patent …
By Rebecca Tapscott
5 days ago 0

PTAB Precedential Decision Nomination Form Could Lead to More Controversial Decision-Making Outside of Informal Rulemaking

In late September, Bloomberg News reported that Scott Boalick, Chief Administrative Patent Judge (APJ) at the Patent Trial and Appeal Board (PTAB), announced the introduction of a …
By Steve Brachmann
5 days ago 3

Patent Filings Roundup: Banks Targeted after CBM Expiry; Counterfeit Collections Suits on the Rise; Patent Food Fight

Patent Trial and Appeal Board (PTAB) filings were down substantially this week, with just 16 filed, possibly given the rush to file before the fee increase probably cleared …
By Jonathan Stroud
6 days ago 0

Patent Stakeholders Weigh in on High Court Decision to Hear Arthrex

The United States Supreme Court has granted certiorari in three cases involving Arthrex, Inc. focusing on the question of whether the administrative patent judges (APJs) of the …
By Eileen McDermott
7 days ago 11

Centripetal Networks Awarded $1.9 Billion in Infringement Suit Against Cisco

Earlier this week, the United States District Court for the Eastern District of Virginia (the Court) entered what is believed to be one of the highest damages …
By Rebecca Tapscott
12 days ago 3

Patent Filings Roundup: PTAB Filers Rush to Beat Fee Increase; IP Edge Files 48 Complaints; Petitions Denied Under Fintiv Despite No Trial Date

Filings at the Patent Trial and Appeal Board (PTAB) were almost triple last week’s, with parties racing to file before the more than $10,000 filing fee increase …
By Jonathan Stroud
12 days ago 2

Unified Report: No Rest for Patent Filings in a Pandemic

The Western District of Texas continues to explode in popularity with non-practicing entities (NPEs); an operating company is the most prolific filer of patent disputes in district …
By Eileen McDermott
19 days ago 0

Patent Filings Roundup: Dozens of Patents DJed Under Alice; Counterfeit Kids’ Bikes Challenged; Board Refuses Non-Fintiv Policy Arguments

District court filings were low this week with 49, a substantial percentage of which were filed against small or medium-sized companies by IP Edge or Leigh Rothschild-owned subsidiaries.  …
By Jonathan Stroud
20 days ago 0

CAFC: Parties Joined in IPRs are Not Estopped from Raising New Invalidity Grounds in District Court

On September 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part and reversed-in-part the U.S. District Court for the Eastern District of Texas’…
By IPWatchdog
21 days ago 0

Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB

In the latest episode of a long-running saga between Apple and Voip-Pal, the U.S. Court of Appeals for the Federal Circuit on Friday denied Apple’s …
By Eileen McDermott
23 days ago 4

USPTO Rulemaking on PTAB Precedential Opinions Deserves Public Support

The U.S. Patent and Trademark Office (USPTO) has submitted proposed rulemaking for review by the White House’s Office of Management and Budget (OMB). Although the …
By Eric Blatt
27 days ago 11

Patent Filings Roundup: Clash of Clans Conflict Continues; First ANDA-Related Pharmaceutical Patent Discretionary Denial; Freedom-to-Operate Action on Synthetic Peptide Tech

District court patent filings bounced back this week to 86, while the Patent Trial and Appeal Board (PTAB) saw a slight jump to 44, fueled in part by eight …
By Jonathan Stroud
27 days ago 0

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
1 month ago 8