Posts Tagged: Patent Trial and Appeal Board


Federal Circuit Holds Banks to Be ‘Persons’ Under the America Invents Act

Recently, the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board, holding that the Board correctly determined that the claims 21–24 of U.S. Patent …

CAFC Affirms Board Holding that Fishing Method Claim is Patent Ineligible

On  April 24, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld a Patent Trial and Appeal Board (PTAB) decision in In re: Rudy affirming …
By Rebecca Tapscott
28 days ago 29

Patent Filings Roundup: ‘Something in the Water’ with Sharp Spike in District Court Filings

Is there something in the water this week? While Patent Trial and Appeal Board (PTAB) filings were up slightly (the spike due entirely to 14 new petitions from …
By Jonathan Stroud
29 days ago 5

CAFC: Inability to Challenge Claims in District Court is No Impediment to PTAB Challenge

The CAFC explained that the doctrine of assignor estoppel does not bar an assignor from filing a petition for IPR to challenge the validity of the assigned …
By Rebecca Tapscott
1 month ago 1

Justice Gorsuch Champions Patent Rights in Recent Dissent

In an energetic dissent in Thryv, Inc. v. Click-to-Call Tech., LP, 590 U.S. __ (Apr. 20, 2020), U.S. Supreme Court Justice Neil Gorsuch provides a compelling defense of patent …

Patent Filings Roundup: Patent Suits Hold Steady in the Downturn

The traditional wisdom—that patent suits rise and fall with the economy—seems backward. With some data forthcoming on that point, both during the last downturn and …
By Jonathan Stroud
1 month ago 0

The Thryv Ruling Says the PTAB is Supreme—So Now Let’s Make it Fair

Yesterday, the United States Supreme Court ruled that the Director of the United States Patent and Trademark Office (USPTO), by and through his designees, the Patent Trial …
By Gene Quinn
1 month ago 17

Commenters Weigh in On Implications of High Court Ruling in Thryv v. Click-to-Call

Yesterday’s Supreme Court decision in Thryv, Inc. v. Click-to-Call Technologies was in some ways unsurprising, but has generated buzz among the patent community all the same. …
By IPWatchdog
1 month ago 2

Supreme Court: PTAB Institution Decisions Cannot Be Appealed, Even on the Basis of Time-Bar Challenges

In an opinion authored by Justice Ginsburg, the Supreme Court ruled today that Section 314 (d) of the U.S. Patent Act, which bars judicial review of Patent …
By Eileen McDermott
1 month ago 12

Chrimar Amici to High Court: Fix Fresenius to Restore Faith in the U.S. Patent System

Three amici have weighed in supporting Chrimar Systems, Inc.’s petition for certiorari to the U.S. Supreme Court and urging the High Court to clarify the …
By Eileen McDermott
1 month ago 0

Patent Filings Roundup: Brine Battles, Enforcing the ‘One-Petition Rule’ and Matchmaker Patent Suits

District court patent filings are again high this week—73 new complaints filed (just a few shy of last week), but Patent Trial and Appeal Board (PTAB) cases …
By Jonathan Stroud
1 month ago 3

Will the Supreme Court Keep Kicking the Can or Stop It by Addressing Arthrex?

On April 6, Arthrex, Inc. filed a petition for certiorari in the U.S. Supreme Court on two discrete patent issues. Notably, one of the issues raised in …
By Bradley Olson
1 month ago 6

A House Divided: Is the PTAB Ignoring the USPTO’s Section 101 Guidance?

The year 2019 was supposed to be when subject matter eligibility examination at the USPTO got better. First, the USPTO published Revised Patent Subject Matter Eligibility Guidance in …
By Nick Transier
1 month ago 11

Patent Filings Roundup: Fertilizer, Fitness Tracker and Phone Fights

District court patent filings are up again this week, demonstrating that even a good lockdown can’t keep patent lawyers down; indeed, it appears there’s no …
By Jonathan Stroud
2 months ago 2

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …