Posts Tagged: "PTAB Trials"

Harmonizing the PTAB: Iancu calls change to Phillips ‘critically important’

“It seems self-evident that the same patent contested in different tribunals should have its meaning – its boundaries – determined using the same standard,” Director Iancu said when discussing the final rules implementing the Phillips standard at the PTAB… Those few who were not pleased by the change have cited a believe that the change to the Phillips standard would usher in a return to lower quality patents. With a bit of a confrontational tone, Director Iancu took issue with that, finding the argument without merit.

Federal Circuit Vacates PTAB’s Decision to Uphold Enthone Patent

The Federal Circuit recently issued a nonprecedential decision in BASF Corporation v. Enthone, Inc. which vacated an earlier decision stemming from an inter partes review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) which had upheld a patent owned by Enthone as valid over an obviousness challenge asserted by BASF. The Federal Circuit panel of Circuit Judges Timothy Dyk, Evan Wallach and Richard Taranto remanded the case to the PTAB after holding that certain findings made by the PTAB were inadequately supported or explained.

SharkNinja Denied by PTAB, IPR Petition to Vacuum Cleaner Hose Patent Not Instituted

The Patent Trial and Appeal Board issued a decision denying the institution of an inter partes review (IPR) proceeding petitioned by home appliance developer SharkNinja. The decision leaves in place all claims of a patent asserted against SharkNinja in U.S. district court through a patent infringement case filed by appliance hose manufacturer Flexible Technologies. In denying SharkNinja’s petition for IPR, the PTAB panel of Administrative Patent Judges (APJs) found that implementing the hose found in Rohn to be a stretch hose as taught by Martin would render Rohn’s hose inoperable for its intended purpose… As for the Nagayoshi prior art reference, the PTAB sided with Flexible Technologies in finding that SharkNinja’s asserted combination is difficult to distinguish from a hindsight analysis…

Can the Federal Circuit use Rule 36 Affirmances in PTAB Appeals?

Inventor advocacy group US Inventor recently filed an amicus brief with the U.S. Supreme Court asking the nation’s highest court to grant a petition for writ of certiorari in Capella Photonics v. Cisco Systems. This case, if taken up on appeal, will require the Supreme Court to answer whether the Court of Appeals for the Federal Circuit operates in violation of 35 U.S.C. § 144, the statute governing how the Federal Circuit must respond to appeals of decisions from the U.S. Patent and Trademark Office. In other words, can the Federal Circuit use Rule 36 to issue an affirmance without opinion of decisions appealed from the Patent Trial and Appeal Board (PTAB).

Comcast Invalidates Rovi Patents at PTAB that Previously Secured Limited Exclusion Order at ITC

Perhaps Rovi will take the opportunity to test the waters with the newly created Precedential Opinion Panel (POP), which is intended to bring uniformity between examination procedures and the PTAB at the USPTO. USPTO Director Andrei Iancu has promulgated new Standard Operating Procedures (SOPs), and new claim interpretations rules will soon be in effect at the PTAB. A patent litigator by training, Director Iancu seems very interested in the PTAB giving other tribunals that have previously considered validity matters due consideration, something the PTAB has rarely, if ever, done. With the creation of the POP, and new SOPs that give the Director the authority to make decisions of the PTAB precedential at his discretion, this string of Rovi cases could present a very interesting test case on whether the PTAB actually will provide deference to tribunals that have previously considered validity issues, or whether the PTAB with its lower threshold for invalidity will continue to be the court of last resort for infringers who have lost elsewhere.