Posts Tagged: Patent Trial and Appeal Board


In Partial Reversal of Two IPRs, CAFC Says PTAB Erred in Prior Art Determination

On August 17, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, vacated in part, and remanded two final written …
By Logan Murr
1 month ago 0

Teva Wins One, Loses Two at CAFC in Migraine Treatment Patent Cases

The U.S. Court of Appeals for the Federal Circuit today issued two precedential decisions and one nonprecedential decision in cases involving Teva Pharmaceuticals and Eli Lilly, …
By Eileen McDermott
1 month ago 0

CAFC: PTAB’s Claim Construction Analysis Improperly Relied on Extrinsic Evidence

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Chief Judge Moore writing for the court, vacated and remanded a Patent Trial …
By Tomi Herold
1 month ago 3

Federal Circuit Kills PersonalWeb’s ‘Content-Based Identifier’ Patent Claims Under 101

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a decision of the United States District Court for the Northern District of California …
By Eileen McDermott
1 month ago 15

Patent Filings Roundup: Litigation Funding WAGs the Dog; Funded Western District Semiconductor Campaign Sees IPRs Filed

Numbers were relatively stable last week, with the district courts seeing 57 new patent filings and the Patent Trial and Appeal Board (PTAB) seeing 25 petitions (two post grant …
By Jonathan Stroud
1 month ago 0

Patent Owner Sues Former USPTO Officials for ‘Improperly Stacking the Deck’ Against Him

A patent owner has filed a lawsuit in the United States District Court for the Western District of Tennessee against former U.S. Patent and Trademark Office (…
By Eileen McDermott
1 month ago 20

MicroSurgical Decision Reiterates PTAB’s ‘Wide Net’ Approach to Transition Applications Under the AIA

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Per Section 3 of the AIA, …
By Katie Merriman
1 month ago 1

PPAC Announcements: Hirshfeld Doubles Down on Director Review Authority; Commerce Department to File for Registration of USPTO Trademarks; Committee Requests Release of $64 Million in User Fees

During the Patent Public Advisory Committee (PPAC) quarterly meeting held today, participants provided an update on the Director Review process under the Supreme Court’s Arthrex v. …
By Eileen McDermott
1 month ago 9

Patent Filings Roundup: Mystery NPEs File New Suits on Old IV Assets; PTAB Discretionarily Denies 14; Causam Enterprises Launches Major Campaign

In a relatively subdued week, the Patent Trial and Appeal Board (PTAB or Board) saw 35 challenges and the district courts 53 new patent filings. Those challenges included a …
By Jonathan Stroud
2 months ago 0

Federal Circuit: PTAB Failed to Provide Adequate Notice of Sua Sponte Claim Construction

In a precedential opinion authored by chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit today vacated and remanded six Patent Trial and …
By Eileen McDermott
2 months ago 2

USPTO Implementation of Arthrex: Questions from Administrative Law, Part II—the Bigger Picture for Reform

In Part I, we looked at two of the legal principles that govern Arthrex Director review: Director review must be implemented by notice-and-comment “regulation,” not website, and …
By M. David Hoyle
2 months ago 10

CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
2 months ago 14

USPTO Implementation of Arthrex: Questions from Administrative Law, Part I—Dismissal and Subregulatory Rulemaking

In United States v. Arthrex, No. 19-1434, 141 S.Ct. 1970 (Jun. 21, 2021), Chief Justice Roberts cured an Appointments Clause defect in the Patent Trial and Appeal Board’s (PTAB’…
By M. David Hoyle
2 months ago 36

Patent Filings Roundup: Equitable IP Subsidiary Goes on Retail Shopping Spree; Fintiv ITC Denial Hits Roku Hard

District court patent filings rebounded a bit with 80 this week, buoyed by a new financial services campaign, Peregrin Licensing LLC, from an older publicly traded non-practicing entity (…
By Jonathan Stroud
2 months ago 1

Are 5% of All U.S. Issued Patents Presumed to Be Unenforceable Under Laches Due to Their Priority Claims?

Laches is an equitable defense that may be raised in a patent-related proceeding. If a defending party can show that a patent holder exhibited unreasonable delay that …
By Kate Gaudry
2 months ago 7