Posts Tagged: post grant procedures


VirnetX Urges SCOTUS to End Apple Gamesmanship in Decade-Long Patent Battle

VirnetX on Wednesday filed its brief in opposition to Apple’s petition for certiorari to the Supreme Court, which asks the High Court to review the Federal …
By Eileen McDermott
4 months ago 12

Federal Circuit Affirms District Court Decision for CBS in Light of PTAB Invalidation

Last Friday, the Federal Circuit affirmed a district court decision that found for the CBS Corporation in its defense against infringement and invalidity as to three claims …
By Butch Laker
4 months ago 3

Arthrex Update: With Responses Due Next Week, Amici Urge Federal Circuit to Grant Rehearing

In December, petitions for rehearing were filed at the U.S. Court of Appeals for the Federal Circuit by each party involved in Arthrex, Inc. v. Smith & …
By Steve Brachmann
5 months ago 2

Case Law and Policy Changes in PTAB Practice During 2019

Despite the possibility that the judges of the Patent Trial and Appeal Board (PTAB) may have been unconstitutionally appointed, as held recently by a Federal Circuit panel, …
By John Bauer & Tom Engellenner
5 months ago 6

CAFC Reverses PTAB Non-Obviousness Decision in Finding for Google

On January 6, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) decision that Google failed to …
By Nancy Braman
5 months ago 0

Federal Circuit Reverses PTAB’s Invalidity Decision Regarding a Wireless Communications Patent

In November, the Federal Circuit issued an opinion reversing the Patent Trial and Appeal Board’s (the PTAB or the Board) decision that claim 8 of IPR Licensing …

A Look at the Briefs in Thryv v. Click-to-Call Before Supreme Court Oral Arguments

On Monday, December 9, the U.S. Supreme Court will hear oral arguments in Thryv, Inc. v. Click-to-Call Technologies, LP. The case, which has gone through multiple name …
By Steve Brachmann
6 months ago 6

OSI Pharmaceuticals Decision Has Limited Use in Supporting Patentability of Method of Treatment Claims

Earlier this month, Mallinckrodt succeeded in its inter partes review (IPR) challenge against patent owner Biovie, Inc. (Biovie). The Patent Trial and Appeal Board’s (PTAB’s) …
By J. Morgan Kirley
6 months ago 1

No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36

My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
By Robert Friedman
6 months ago 4

Congress Includes an Ugly Sweater in the STRONGER Patents Act

It is not unusual for there to be unintended consequences in the law or life. A loved one gives you something you don’t really like, but …
By Paul Vickers Storm
6 months ago 4

One Inventor’s Unsolicited Congressional Testimony Following Arthrex

Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here. In Arthrex, the Federal Circuit in effect …
By Paul Morinville
6 months ago 39

Other Barks & Bites for Friday, November 29: China Pledges ‘Social Satisfaction’ on IP Protection and Nominates Candidate to Head WIPO

This week in Other Barks & Bites: the Federal Circuit issues precedential decisions regarding its authority to remand to the PTAB, patent prosecution history estoppel and expert testimony …
By IPWatchdog
6 months ago 1

This Thanksgiving: What Is the IP Community Thankful For?

This year has included many twists and turns for IP stakeholders, particularly on the patent side. Most recently, the Federal Circuit’s decision in Arthrex has called …
By Eileen McDermott
6 months ago 10

CAFC Reverses PTAB Obviousness Finding as Unsupported by Substantial Evidence

On November 23, the Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) ruling in a pair of inter partes …
By Randy Nguyen
6 months ago 2

Professors Expand Upon Proposals to Senate IP Subcommittee for Improving Patent Quality

On October 30, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard from five witnesses on ways to improve patent quality at the United States Patent and …
By Nancy Braman
6 months ago 3