Posts Tagged: PTAB


CAFC Affirms PTAB Obviousness Finding, Holds ‘Real Parties in Interest’ Question Final and Non-Appealable

Last week, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision on appeal from the United States Patent and Trademark Office (USPTO) …
By IPWatchdog
1 month ago 0

ALE Responds and Baxter Weighs in on Chrimar Bid for High Court to Consider ‘Soundness’ of Fresenius/ Simmons Principle

In March, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to decide: 1) whether the Federal Circuit may apply a finality standard …
By Eileen McDermott
1 month ago 1

Patent Filings Roundup: Video Gambling Games Going to the Dogs, The Queen’s Cherries, and a Tale of Bankruptcy and Patent Infringement in Cinema Stadium Seating

With 27 new Patent Trial and Appeal Board (PTAB) filings—25 inter partes reviews (IPRs), one post grant review (PGR) and one covered business method review (CBM), the first …
By Jonathan Stroud
1 month ago 0

PTAB Institution Data Analysis Proves That Reforms Have Failed

Despite rumors that changes have been made at the USPTO to bring balance to the Patent Trial and Appeal Board (PTAB), a hard look at the data …
By Josh Malone
1 month ago 13

Patent Filings Roundup: The Return of the Founder, Retailers Target Wireless LLC, European NPE Revives 2G/3G Patent Wars

There were only 16 new PTAB filings—all inter partes reviews (IPRs)—this week, with a whopping 70 new district court complaints filed.  Those numbers were driven primarily by: 1) …
By Jonathan Stroud
1 month ago 0

Non-Limiting Preamble Costs Cochlear at CAFC

Cochlear Bone Anchored Solutions AB (“Cochlear”) owns U.S. Patent No. 7,043,040 (“the ‘040 patent”), directed to a hearing aid for use in those with unilateral hearing loss. Oticon …
By Kim Jordahl
1 month ago 3

Federal Circuit Issues Several Rulings Defining Contours of Arthrex Decision

Recently, the U.S. Court of Appeals for the Federal Circuit has issued several rulings defining some of the contours of the impact of its decision last …
By Steve Brachmann
2 months ago 3

District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel

The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel …
By Eileen McDermott
2 months ago 14

Patent Filings Roundup: Forum Selection Clause Ends an IPR; Vape Wars: Philip Morris Strikes Back; Fortress Subsidiary Gets an NHK Spring Bounce

It was another business-as-usual week for patent filings in the District Courts and before the Patent Trial and Appeal Board, with 54 suits and 29 petitions (two post grant …
By Jonathan Stroud
2 months ago 1

Why We Need USPTO Examiners to Attend Inter Partes Reviews

Whoever wrote the America Invents Act (AIA) left out the U.S. Patent and Trademark Office (USPTO) examiners. The examiner on any given patent at issue in …
By Paul Hayes
2 months ago 39

Practice at the Patent Trial and Appeal Board During a Pandemic

The business of the Patent Trial and Appeal Board (PTAB) continues on as most practitioners transition into another month of working from home. Like many courts, the …
By Christopher Douglas
2 months ago 0

Federal Circuit Reverses PTAB’s Non-Obviousness Ruling in View of Prior Art

On May 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the United States Patent and Trademark Office’s Patent Trial …
By Rebecca Tapscott
2 months ago 1

PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls

The America Invents Act (AIA) outlines an adversarial, inter partes, process for reviewing patents and determining their validity. Patent owners deserve a fair process, presided over by …
By Timothy Maloney & David Gosse
2 months ago 3

Patent Filings Roundup: Blackberry Accused of Abuse, PayPal Isn’t Playing, WSOU Earns Its Frequent Filer Card

This week, Patent Trial and Appeal Board (PTAB) filings are back up, with four post grant reviews (PGRs) and 37 inter partes reviews (IPRs), while there were 83 district …
By Jonathan Stroud
2 months ago 0

PTAB Establishes Two-Part Framework for Denying Institution of IPRs Based on Previously Presented Art Or Argument

Earlier this year, the Patent Trial and Appeal Board (PTAB) established a two-part framework for applying 35 U.S.C. § 325(d), under which the PTAB may deny institution …
By Christopher Loh
2 months ago 3