Posts Tagged: PTAB
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 …
USPTO Implementation of Arthrex: Questions and Answers 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’…
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 (…
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 …
Hirshfeld Says He May Move Forward on Important Items If Biden Appointee Takes Too Long
IPWatchdog and LexisNexis held a “Conversation with the Commissioner of the USPTO” today, in which Drew Hirshfeld, the U.S. Patent and Trademark Office (USPTO) Commissioner for …
Patent Filings Roundup: NPE Targets Cracker Barrel, Realtors; VMWare/Cirba Dispute Heads to Board; Car Jumpstarter Patent Challenged; Funded Semiconductor Litigation Patents Instituted
After last week’s spike in complaints, things returned to steady-state this week, with plaintiffs filing 58 complaints and patent challengers filings 26 petitions (one post grant review [PGR] …
Patent Filings Roundup: Second Mystery Entity Challenges $2.2 Billion VLSI/Fortress Patents; IP Edge Files Almost 50 New Complaints; NPE K.Mizra Targets ISPs
It was a busy week for patent filings in the district courts, with 113 complaints filed, fueled particularly by nearly 50 (!) IP Edge complaints, primarily filed in the Western …
Do You Really Want to Make PTAB Judges ‘Inferior Officers’? —Think Again!
In a recent Supreme Court decision in Arthrex v. Smith & Nephew, the Court held that the unreviewable authority wielded by Administrative Patent Judges (APJs) at the Patent …
USPTO Provides Guidance on Director Review Process Under Arthrex
This week, the U.S. Patent and Trademark Office announced that it would be implementing an interim rule at the agency in response to the U.S. …
Patent Filings Roundup: Ice Castle Patent Asserted Against Competitors; Open-Source Chip Declaratory Judgment Action
It was a pretty normal week patent filings-wise, with 65 district court complaints and 38 Patent Trial and Appeal Board (PTAB) petitions filed, all inter partes reviews (IPRs). "Frozen …
Arthrex Aftermath: How the Landmark Supreme Court Decision Drives the PTAB’s Future
A working definition of inertia is the tendency of a body to maintain its state of rest or uniform motion unless acted upon by an external force. …
Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?
The Supreme Court issued a split 5-4 decision earlier today, in which a plurality of the Court agreed with the U.S. Court of Appeals for the …
In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters
The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
Patent Filings Roundup: VLSI Judgment Patents Challenged; Dozens of NPE-Semiconductor Patents Instituted; Nanotechnology Solar Panel Litigation Kicks Off
It seems non-practicing entity (NPE) semiconductor/chip litigation has really come to dominate both the Patent Trial and Appeal Board (PTAB) and the district courts’ dockets this …
Biden Nominee Tiffany Cunningham Tackles Tillis’ Questions on IP Issues at the CAFC
President Joe Biden’s nominee for the U.S. Court of Appeals for the Federal Circuit (CAFC), Tiffany Cunningham, yesterday submitted written responses to a series of …
