Posts Tagged: PTAB


U.S. Government Patent Enforcement: A Ripple or a Coming Tempest?

In most respects, the widely reported patent complaint recently filed against Gilead is perfectly ordinary. It was filed in the U.S. District Court for the District …

CAFC Upholds PTAB Decision on Time-Bar and Obviousness of Gaming Patent Claims

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) reviewed an appeal of the PTAB's final decision that Game and Technology Co. Ltd.…
By Butch Laker
21 days ago 1

Other Barks & Bites: USPTO Updates AIA Trial Practice Guide, VoIP-Pal Beats Four Apple IPR Petitions, and China is Top Filer of Blockchain Patents

This week in Other Barks & Bites: the U.S. Patent and Trademark Office issues an updated AIA Trial Practice Guide following SAS Institute v. Iancu; the AM-FM …
By IPWatchdog
24 days ago 0

Celgene Corp. v. Peter: Should the Federal Circuit Leave PTAB ‘Patent Takings’ Issue for Another Day?

Nearly four months ago, the Federal Circuit for the first time addressed the applicability of the Takings Clause of the Fifth Amendment to IPRs, holding in Celgene …

Witnesses Tell House IP Subcommittee, “It’s Up to You” to Fix Arthrex

“It’s up to you to do the right thing and fix this,” said Professor Arti Rai of The Center for Innovation Policy at Duke University School …
By Eileen McDermott
26 days ago 19

One Way or Another, Arthrex Promises to Put the PTAB on Trial

For weeks now I have been asking the United States Patent and Trademark Office (USPTO) to confirm how many Administrative Patent Judges (APJs) are currently employed by …
By Gene Quinn
26 days ago 22

This Week in Washington IP: House IP Subcommittee to Hold Hearing on Arthrex; Other Committees Consider Flu Vaccine Innovation, FCC Spectrum Auction Oversight

This week in Washington, D.C., the House Intellectual Property Subcommittee will explore the  impact of the Federal Circuit’s recent Arthrex decision on the Patent Trial …
By IPWatchdog
27 days ago 0

Netlist Wins ITC Exclusion Order: Will the USPTO Support It?

Several weeks ago, the International Trade Commission (ITC) announced that Chief Administrative Law Judge (ALJ) Charles Bullock issued a Notice of Initial Final Determination recommending that certain …
By Gene Quinn
29 days ago 8

Other Barks & Bites, Friday, November 15: SCOTUS to Hear Booking.com Trademark Case, AG Barr Backs FCC Plan Against Huawei and ZTE, Copyright Office Eliminates Physical Material Submission Options

This week in Other Barks & Bites: the Federal Circuit strikes down a district court’s finding of design patent infringement on summary judgment; the USPTO advises trademark …
By IPWatchdog
1 month ago 1

Recent PTAB Decisions Provide a Roadmap for Combating Broadest “Unreasonable” Interpretation

As I have previously reported on KSJ Law, the Patent Trial and Appeal Board (PTAB) issued 80 decisions on appeals in October, and reversed the examiner in 24 of …
By Kim Jordahl
1 month ago 12

SCOTUS Petition: Stats Show Losing Patent Owner-Appellants Have a 66% Chance of Being Rule-36ed Versus 18% for Losing Petitioner-Appellants

Chestnut Hill Sound, Inc. has filed a petition asking the U.S. Supreme Court to consider whether the Federal Circuit’s disparate practice with respect to issuing …
By IPWatchdog
1 month ago 9

Curing the Drug Label as Prior Art Malady at the PTAB

Petitioners challenging patents covering pharmaceuticals and biologics often use drug product labels as prior art in the Patent Trial and Appeal Board (PTAB). To effectively use a …

A Look at the Chrimar Amici: Inventors and IP Organizations Advocate for Rehearing En Banc as Federal Circuit Calls for ALE Response

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) invited ALE USA Inc. to respond to Chrimar System Inc.'s petition for rehearing en …
By Nancy Braman
1 month ago 5

It Matters: A Former Administrative Patent Judge’s Take on Arthrex

As most of us know by now, in Arthrex, Inc. v. Smith & Nephew, Inc., entered on Halloween 2019, a panel of the Federal Circuit held that the administrative …
By Richard Torczon
1 month ago 20

Patent Rights at Risk, En Banc Review Needed in Chrimar v. ALE

Jury verdicts are supposed to be sacrosanct. The biggest opposition to the ratification of our Constitution in 1788 was due to its lack of protection for jury trials …
By Andy Schlafly
1 month ago 18