Posts Tagged: Patent Trial and Appeal Board


PTAB Issues First Motion to Amend Guidance, Samsung Petitions for IPR Granted Despite NuCurrent Issue Preclusion Defense

The Patent Trial and Appeal Board (PTAB) recently issued its first-ever preliminary guidance on motions to amend claims filed by patent owner Sanofi and, although the substituted …
By IPWatchdog
10 hours ago 1

Amici Urge Supreme Court to Grant UMN Petition on Sovereign Immunity for IPRs

On October 15, 12 state universities and state university systems filed an amicus brief in support of the University of Minnesota in its appeal to the U.S. Supreme …
By Nancy Braman
1 day ago 3

CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References

The Federal Circuit recently held in Campbell Soup Company v. Gamon Plus, Inc. (September 26, 2019) that a prior art reference lacking one of only two features shown in …
By Kim Jordahl
1 day ago 1

Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts

Chrimar Systems, Inc. filed a petition for en banc rehearing with the Federal Circuit on October 21 asking it to review the so-called Fresenius-Simmons preclusion principle. The petition …
By IPWatchdog
2 days ago 10

USPTO Issues Additional Subject Matter Eligibility Guidance

On Thursday, October 17, the USPTO issued new patent eligibility guidance. The new guidance discusses and elaborates on the 2019 Revised Patent Subject Matter Eligibility Guidance (PEG) that was …
By John M. Rogitz
3 days ago 20

Professors Brief Capitol Hill Staffers on Proposal to Weed Out ‘Bad Patents’

On Thursday, October 17, a Capitol Hill staff briefing will take place at 3:30 PM in 226 Dirksen Senate Office Building on a proposal to increase the amount of time …
By Steve Brachmann
6 days ago 46

Nonprecedential CAFC Decision Presents Questions of Standing

In Knauf Insulation, Inc. v. Rockwool International, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s …
By Eileen McDermott
6 days ago 1

Were the Wright Brothers Patent Trolls? One View of R Street Institute’s Capitol Hill Panel on Patents

On Tuesday, I attended a panel discussion on the National Security Implications of Patents along with my siblings, Madeline and Gideon Malone, and we were informed that …
By Lydia Malone
7 days ago 25

PTAB Invalidates Nasdaq Patent Claims on Automated Securities Trading in Series of CBMs

On October 9, the Patent Trial and Appeal Board issued a final written decision in a covered business method (CBM) review which invalidated all 38 claims of Nasdaq’s …
By Steve Brachmann
8 days ago 8

Other Barks & Bites, Friday, October 11: IPWatchdog Celebrates, USPTO Meets Pendency Goals, SCOTUS Denies IP Cases and ACLU Opposes CASE Act

This past week in Other Barks & Bites: the Federal Circuit issued precedential decisions affirming the invalidation of patent claims covering osteoarthritis treatments and a costs award to …
By IPWatchdog
12 days ago 1

Key Victory for VirnetX at Federal Circuit in Long-Running Battle with Apple

The Federal Circuit on October 8 issued a formal mandate in VirnetX, Inc. v. Cisco Systems and Apple, Inc., making its January 15, 2019 Rule 36 judgment against Apple final. The …
By IPWatchdog
14 days ago 1

Re-examining the USPTO’s Bid for Adjudicatory Chevron Deference—a Response to One Analysis of Facebook v. Windy City

Last week, Professor Andrew Michaels published an article with IPWatchdog commenting on Facebook v. Windy City and the U.S. Patent and Trademark Office’s claim for …
By David Boundy
14 days ago 5

SCOTUS Denies Imperium IP Holdings Petition, Lets CAFC Assessment of Expert Testimony Stand Over Jury’s

On Monday, the U.S. Supreme Court denied a petition for certiorari filed by Imperium IP Holdings (Cayman) Ltd., thus letting stand a U.S. Court of …
By IPWatchdog
14 days ago 5

Other Barks & Bites, October 5: USPTO Rulemaking Updates, Federal Circuit Weighs in on 101, and DOJ Tells SCOTUS to Deny Google Appeal

This past week in Other Barks & Bites: the USPTO delays the effective date for mandating electronic trademark application submissions and issues a proposed rulemaking on Patent Term …
By IPWatchdog
18 days ago 0

Peter v. NantKwest to Kick Off Busy IP Term for Supreme Court

Next week, the Supreme Court will hear the first of six IP cases granted cert last term. On Monday, the Court will hear Peter v. NantKwest, in …
By IPWatchdog
20 days ago 7