Posts Tagged: reexamination
A Personal Plea From the Zip-It Inventor to Support the Inventor Protection Act
Cobra Products filed a lawsuit for patent infringement. G.T. Water then filed for a re-examination of my patent at the U.S. Patent and Trademark Office …
Which Invalidity Avenue to Take: Inter Partes Review Verses Post-Grant Review
The United States Patent and Trademark Office (USPTO) provides invalidity tools via inter partes review (IPR) and post-grant review (PGR), but which route is better? ... PGRs are …
Federal Circuit invites SAP America to Respond to InvestPic Petition for Rehearing
InvestPic filed a combined petition for panel rehearing and rehearing en banc on June 19, 2018, making two arguments. First, that the original decision must be vacated and remanded …
CAFC says PTO Reexamination Should Not Preclude Validity Challenges at District Court
Along with the willfulness finding, the Federal Circuit also overturned findings of no invalidity on a patent that had already survived multiple reexaminations at the U.S. …
Federal Circuit reverses Board on erroneous application of the broadest reasonable interpretation
The Federal Circuit concluded that the Board's construction of the term 'body' was unreasonably broad even given proper usage of the broadest reasonable interpretation claim standard... This …
A Look Back at the Legislative Origin of IPRs
Those now familiar with IPR proceedings will already have recognized how little resemblance current IPR proceedings have to what most supporters of the AIA envisioned upon its …
CAFC Vacates and Remands Inconsistent Rulings by the Board on Validity of two SynQor Patents
The Board failed to address all grounds for proposed rejections under the APA by ignoring certain arguments made by Vicor during the reexamination. Additionally, the Board failed …
PTAB’s Claim Construction Regarding Means-Plus-Function Limitation Was Erroneous
The Federal Circuit vacated and remanded the Board’s finding of obviousness of certain challenged claims based on a means-plus-function limitation, affirmed the Board’s finding of …
CAFC may consider whether an inter partes reexamination was properly instituted based on the presence or withdrawal of a party
In re AT&T Intellectual Prop. II, L.P., Appellant AT&T Intellectual Property II, L.P. (“AT&T”) appealed from a final decision of the Patent …
Cisco Successfully Invalidates Patent for Lack of Written Description
Cisco challenged Cirrex’s patent via inter partes reexamination, asserting a lack of written description. The Board affirmed the Examiner’s findings, that the patent, as amended, …
En Banc Federal Circuit Dodges PTAB Constitutionality
Patlex, which dealt with reexamination of applications by an examiner — not by an Article I tribunal — could be considered a next step beyond McCormick. MCM, however, simply …
Affinity Labs of Texas Loses Reexamination Appeal; Reexamination Estoppel Does Not Apply
The Federal Circuit affirmed a Patent Trial and Appeal Board (“Board”) decision to uphold the unpatentability of several claims of a patent owned by Affinity Labs of …
I hope Trump’s ‘America first’ will apply to inventors
I believe it’s not a good thing to be an inventor in the US and I hope that Trump’s “America first” will apply to inventors. …
In non-precedential decision CAFC reverses PTAB finding of obviousness in reexamination
In re: Natural Alternatives, LLC, 2015-1911 (opinion and errata) is a non-precedential but still notable case from the U.S. Court of Appeals for the Federal Circuit …
Phillips Claim Construction Standard Applies to Ex Parte Reexam After Patent Expires
The Court held that the Board improperly continued to apply the BRI standard following the expiration. While the examiner properly applied the BRI prior to expiration, the …
