Posts Tagged: PTAB
PTAB challenges are a costly, uphill battle for patent owners
Often, a PTAB proceeding is threatened by an accused infringer to successfully settle the dispute with the patent owner. Often, no PTAB petition is ever filed. When …
Innovative Use of Patent Examiner Statistics Improves Efficiency and Strengthens Portfolios
We recently handled an application in which the examiner rejected the independent claims as obvious in view of six references from a variety of different fields. Submitting …
USPTO Director Andrei Iancu Discusses Patentability of Algorithms, PTAB Proceedings at Senate Judiciary Committee
Sen. Harris followed up by asking whether algorithms were mathematical representations of laws of nature. “You’re getting right to the heart of the issue,” Iancu said. …
Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination
In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …
Claimed and prior art ranges must have meaningful difference for nonobviousness
Patent claims can recite a numerical range and a patent can be awarded based on the novelty and nonobviousness of the claimed range. Normally, compositions are claimed …
Issue Preclusion, PTAB, and the Split Federal Circuit: Knowles Electronics v. Cirrus Logic
Under the status quo, neither the patentee nor the public is able to rely on judicial determination of an issue that might later be taken to the …
Federal Circuit Reverses PTAB Invalidation of Wireless Network Patent in Apple Cases Involving APJ Clements
The Court of Appeals for the Federal Circuit recently issued a decision in DSS Technology Management v. Apple, which reversed an earlier decision by the Patent Trial …
Follow the Money: Is the U.S. patent system fostering investment and risk taking?
PTAB proceedings have radically changed the time to money for patent owners asserting U.S. patents against infringers. Additionally, the value of U.S. patents has dropped …
Federal Circuit Issues Rule 36 Affirmance of PTAB After Acknowledging Lack of Technical Knowledge in Oral Arguments
On March 13th, the Court of Appeals for the Federal Circuit issued a decision in Cascades Projection v. Epson America, which upheld a ruling by the Patent …
Conclusory approach to obviousness by PTAB in IPR insufficient to render claims invalid
The Federal Circuit found that the Board failed to provide sufficient explanation for its obviousness finding, instead using a conclusory approach that asked whether the missing limitation …
USPTO Withdrawals Support for Telebrands at CAFC, Actively Considering PTAB Practice
Director Iancu is known to be engaging in something that might be called a listening tour, speaking with various interested parties and groups as he attempts to …
The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn
Interestingly, in the history of the entire CBM program, only three petitions have ended with final written decisions upholding all claims as valid. That’s 1 percent of …
Mohawk Tribe wins stay from Federal Circuit in sovereign immunity fight
The Federal Circuit issued an Order staying further proceedings at the PTAB relating to the RESTASIS patents now owned by the Saint Regis Mohawk Tribe. The stay …
Federal Circuit applies collateral estoppel where prior IPR previously construed related claim
Collateral estoppel is not limited to identical patent claims or claims within a single patent and may preclude a contradictory construction of a claim term already construed …
Federal Circuit Affirmed Obviousness of ‘435 Patent Claims
The broadest reasonable construction of “sterilant concentration levels” encompassed both the “gas laden” (or “in air”) sterilant levels and the residual sterilant levels. Nothing in the specification …
