Posts Tagged: Patent Trial and Appeal Board


Federal Circuit Extends Arthrex Holding to Ex Parte Proceedings

On July 7, the U. S. Court of Appeals for the Federal Circuit (CAFC), in In re: Boloro Global Limited, granted a motion by Boloro Global Limited (Boloro) …
By Rebecca Tapscott
3 days ago 0

Patent Filings Roundup: A Suit Wrapped in Swaddling Clothes, a Fishy Competitor Fight, and Sisvel’s Continued Monetization Efforts of 3G Blackberry Patents

It was another relatively normal week at the Patent Trial and Appeal Board with 30 patent filings—two post grant reviews (PGRs), 28 inter partes reviews (IPRs)—and another …
By Jonathan Stroud
3 days ago 0

Supreme Court Declines to Consider PTAB Authority to Overturn Article III Decisions

On June 30, the U.S. Supreme Court denied certiorari to Chrimar Systems, Inc., thereby letting stand a decision of the United States Court of Appeals for the …
By IPWatchdog
10 days ago 3

Federal Circuit Affirms PTAB’s Conclusion of Obviousness on Grounds of Common Sense

On June 26, the U.S. Court of Appeals for the Federal Circuit affirmed a final written decision of the U.S. Patent and Trademark Office’s Patent …
By Rebecca Tapscott
10 days ago 2

Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious

On June 25, the U. S. Court of Appeals for the Federal Circuit (CAFC) affirmed an appeal from two final written decisions of the United States Patent and …
By Rebecca Tapscott
12 days ago 1

Federal Circuit Affirms PTAB Finding that Adidas Did Not Prove Nike Patent Claims Unpatentable as Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday affirmed a Patent Trial and Appeal Board (PTAB) decision that certain claims of Nike, Inc.’…
By Eileen McDermott
15 days ago 0

USPTO and Facebook Submit Briefs Explaining Effects of Thryv Ruling on Facebook v. Windy City

Last week, Facebook and the USPTO both filed briefs in response to a U.S. Court of Appeals for the Federal Circuit (CAFC) Order requesting that the …
By Rebecca Tapscott
23 days ago 0

PTAB Says Collateral Agreements Must Be Filed in Decision Designated Precedential

On June 11, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) designated DTN, LLC v. Farms Technology, LLC as precedential. The case …
By Rebecca Tapscott
25 days ago 0

PTAB Rulemaking: Past, Present, and Future

Recently, the USPTO published a Notice of Proposed Rulemaking (NPRM) to change the “Trial Practice at the Patent Trial and Appeal Board,” which is contained in Part 42 …
By Josh Malone
25 days ago 6

CAFC Says District Court Abused Its Discretion in Granting Attorney’s Fees Under Sections 285 and 1117(a)

The U.S. Court of Appeals for the Federal Circuit today reversed a district court decision awarding attorney’s fees to Luv n’ Care Ltd. (LNC) against …
By Eileen McDermott
1 month ago 2

Tech Companies Should Strongly Consider Monetizing Their Patent Portfolios During the Economic Downturn

The COVID-19 pandemic and widespread shelter-in-place orders have hit every corner of the country’s economy, including tech companies of all sizes. Many tech companies have traditionally …

Federal Circuit Denies Attorney Fees for Work Done Before the USPTO

On June 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) denied a request by Almirall for attorney fees incurred for work on an inter …
By Rebecca Tapscott
1 month ago 0

CAFC Finds Administrative Procedures Act Claims Against USPTO Barred for Lack of Final Agency Action, Statute of Limitations

On May 22, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Odyssey Logistics and Technology Corporation v. Iancu in which the …
By Steve Brachmann
1 month ago 0

PTAB Invalidation of Zaxcom Claims to Emmy-Winning Microphone Tech Heads to CAFC

On May 26, Zaxcom filed an appeal brief with the United States Court of Appeals for the Federal Circuit (CAFC) requesting review of the Patent Trial and Appeal …
By Rebecca Tapscott
1 month ago 1

CAFC Affirms PTAB Obviousness Finding, Holds ‘Real Parties in Interest’ Question Final and Non-Appealable

Last week, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision on appeal from the United States Patent and Trademark Office (USPTO) …
By IPWatchdog
1 month ago 0