Posts Tagged: PTAB


Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
By Eileen McDermott
3 days ago 0

What Increased Success Rates for Amending Claims During Post-Grant Proceedings Means for Patent Litigation

As reported by the Patent Trial and Appeal Board here and by others, the motion to amend pilot program (see 84 Fed. Reg. 9497), which took effect in March 2019, …
By Tyler Bowen
4 days ago 1

CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device

On February 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in an appeal by Canfield Scientific, Inc. (Canfield) from the …
By La'Cee Conley
4 days ago 0

Getting Ready for Arthrex: What the Amici Are Saying

The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…

Patent Filings Roundup: Porn Sites Head for PTAB; All-or-Nothing Post Grant Review Institution

Patent Trial and Appeal Board (PTAB) filings have settled into a relatively steady-state of roughly 20-30 petitions, occasionally punctuated by a big burst of litigation-related activity. Notably, …
By Jonathan Stroud
9 days ago 0

Federal Circuit Rules PTAB Erred on Successor-in-Interest Issue in Crocs Case

On February 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) granted Mojave Desert Holdings, LLC and U.S.A Dawgs Inc.’s (Mojave and …
By La'Cee Conley
10 days ago 1

Twist Emerges in Senate IP Subcommittee Leadership for 117th Congress

On Sunday, February 14, U.S. Senate Democratic Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), Ranking Member of the Senate …

Patent Filings Roundup: New Magnetar Entity Sues Oracle on Compression Tech; WSOU Changes Course; New Tim Pryor Campaign

Filings reverted to the mean this week, with 31 Patent Trial and Appeal Board (PTAB) filings (5 post grant reviews and 25 inter partes reviews) and roughly double that (61) for …
By Jonathan Stroud
17 days ago 0

Federal Circuit Reiterates It Will Not Be Bound by USPTO Eligibility Guidance

Earlier today, in cxLoyalty, Inc. v. Maritz Holdings, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, reversed-in-part and dismissed-in-part a decision of …
By Eileen McDermott
19 days ago 26

Patent Filings Roundup: PTAB Denies Verizon in Favor of Huawei; ‘Patent Paycheck Program’; Rock of AGIS

District court patent filings exploded this week with 126, while Patent Trial and Appeal Board filings were down substantially, with just 11 inter partes reviews (IPRs) and two post …
By Jonathan Stroud
24 days ago 1

Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory

The U.S. Court of Appeals for the Federal Circuit (CAFC) on February 1 held in part that the United States Patent and Trademark Office’s (UPSTO) Patent …
By Eileen McDermott
24 days ago 5

The Day One Project Examined: USPTO Transition Proposals Advocate Questionable PTAB, Section 101 Policies

Recently, the Day One Project, an initiative of the Federation of American Scientists, released a transition document drafted by a collection of veteran policymakers discussing a range …
By Steve Brachmann
1 month ago 17

CAFC Partially Vacates PTAB for Legal Error in ‘Reasonable Expectation of Success’ Analysis

On January 27, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in-part and vacated in-part a decision of the Patent Trial and Appeal Board (…
By La'Cee Conley
1 month ago 22

Patent Filings Roundup: MedTech Litigation Ticks Up; Medtronic Files IPRs; Lenovo Brings Long-Running Mobile Patent Fight to Board

District Court patent filings were down again this week with just 46—two thirds of usual output—and the continued absence of any new WSOU filings may point …
By Jonathan Stroud
1 month ago 0

Patent Filings Roundup: Fortress Gets Into the 5G SEP Game; Judge Gilstrap Stays Trial for Reexam After Board Denied Under Fintiv; Fintiv Case Transferred

All eyes this week were on the USPTO Director’s chair and the inauguration, and yesterday the USPTO posted a farewell blog and speech, confirming that Andrei …
By Jonathan Stroud
1 month ago 4