Posts Tagged: Patent Trial and Appeal Board


CAFC Vacates PTAB Decision to Uphold Conversant Wireless Patent Challenged by Google, LG

On Tuesday, November 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Google LLC v. Conversant Wireless Licensing, which vacated a decision …
By Steve Brachmann
13 days ago 1

PTAB Institutes IPR, Finds Unified Patents is Sole Real Party in Interest

On Tuesday, November 27th, the Patent Trial and Appeal Board (PTAB) issued a redacted version of a decision to institute an inter partes review (IPR) proceeding petitioned …
By Gene Quinn & Steve Brachmann
14 days ago 8

Nasdaq ISE Files Motion to Disqualify Fish & Richardson at PTAB Over Prior Representation

Nasdaq ISE’s motion to disqualify Fish & Richardson was made pursuant to 37 CFR 11.109, which prevents a practitioner from representing a party adverse to a former client in …
By Steve Brachmann
14 days ago 0

To Shift or Not to Shift: Burden Shifting Framework and the PTAB

Earlier this year, in E. I. du Pont de Nemours & Co. v. Synvina C.V. (Fed. Cir. 2018) (“Dupont v. Synvina”), the Federal Circuit found that the Patent …

Supreme Court Refuses to Take SSL Services v. Cisco, Will Not Answer Question on Multiple Proceedings Rule at PTAB

In its petition for writ, SSL Services argued that the PTAB’s decision to institute the IPR incorrectly denied the application of 35 U.S.C. § 325(d), the …
By Steve Brachmann
16 days ago 1

CAFC Affirms PTAB Win for Patent Owner in Nonprecedential Decision, Chief Prost Dissents

The Federal Circuit recently issued a nonprecedential opinion in Amazon.com, Inc. v. ZitoVault, LLC, affirming a decision by the Patent Trial and Appeal Board (PTAB) that …
By Gene Quinn & Steve Brachmann
18 days ago 1

Federal Circuit Holds a ‘Similar Enough’ Claim Construction Doesn’t Violate the APA

In Hamilton Beach Brands v. F’Real Foods, the Federal Circuit found that under the Administrative Procedure Act, the Patent Trial and Appeal Board’s adopted claim …

After Priority Date Lost, PTAB Invalidates Aircraft Lavatory Design Patent

Despite the April 2011 priority date asserted for the ‘031 design patent, the PTAB found in its institution decision that the ‘031 patent wasn’t entitled to the priority date …
By Steve Brachmann
23 days ago 0

The PTAB Promotes Petitioner Promiscuity

Why in the world would the federal government want to be an active participant in invalidating patents that the USPTO grants? Does the federal government believe that …
By David Wanetick
23 days ago 25

CAFC finds nexus between minimally invasive surgical patent and commercialized procedure

On Friday, November 9th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in NuVasive, Inc. v. Iancu, which vacated certain findings of the …
By Steve Brachmann
28 days ago 2

Federal Circuit affirms PTAB Mixed Decision in Acceleration Bay v. Activision Blizzard

Acceleration Bay appealed the final written decisions of the Board holding claims 1-9 of U.S. Patent No. 6,829,634, claims 1-11 and 16-19 of U.S. Patent No. 6,701,344, …

Federal Circuit says Assignor Estoppel Has “No Place” in IPR Proceedings

The Federal Circuit recently found that assignor estoppel has “no place in IPR proceedings,” affirming a holding of the Patent Trials and Appeal Board (“Board”) that assignor …

Blockbuster Restasis Patent Goes Down at Federal Circuit a Victim of Rule 36

Without any explanation, analysis or justification, Chief Judge Prost, and Judges Reyna and Hughes affirmed the decision of colleague Judge Bryson. A patent to a blockbuster drug …

Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction

Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
By Gene Quinn
1 month ago 3

Serial and Duplicative Petitions at PTAB by Apple, Other Tech Giants Flout Congressional Intent

The Alliance of U.S. Startups and Inventors for Jobs (USIJ) recently released a report detailing the organization’s research into serial attacks on high quality patents …
By Steve Brachmann
1 month ago 5

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