Posts Tagged: Patent Trial and Appeal Board


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
2 days ago 10

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
2 days ago 0

Tech Companies’ Lawsuit Against USPTO – and Small Business Inventors’ Motion to Intervene – Highlight Need to Address NHK-Fintiv Factors Via Rulemaking

On September 9, a panel of three administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a petition filed …
By Steve Brachmann
9 days ago 7

Patent Filings Roundup: CBM Goes Out with a Whimper; Board Denies Unwired Planet Challenge After District Court Verdict; Fortress-Owned Divx Targets Devices

District court filings were substantially lulled this week, with about a third of what’s normal—33—filed to the Patent Trial and Appeal Board’s 32 petitions, propped …
By Jonathan Stroud
9 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
12 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
16 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
17 days ago 0

Special Interest Group Implores Congress to Extend CBM Program

Two weeks before the Transitional Program for Covered Business Method Patents (CBM) Program, implemented in 2012 under the America Invents Act (AIA), is set to expire, a special …
By Eileen McDermott
22 days ago 6

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
23 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
24 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
29 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
1 month 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
1 month 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