In an opinion addressing claim construction and priority dates, the US Court of Appeals for the Federal Circuit explained that preamble language is not limiting when it merely recites an intended use, and that diligence need...more
Addressing discretionary denial of institution of a new inter partes review (IPR) petition where the challenged claim is already the subject of an instituted IPR proceeding, the Patent Trial and Appeal Board (PTAB) decided...more
In an opinion addressing the scope of estoppel accruing to a petitioner following the issuance of a final written decision in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) concluded that such a...more
The US Court of Appeals for the Federal Circuit concluded that the Patent Trial and Appeal Board (PTAB) is not required to consider evidence presented for the first time at oral argument in an inter partes review (IPR). Dell...more
In an opinion addressing the burden of proof for unpatentability for a proposed amended claim in an inter partes review (IPR), the US Court of Appeals for the Federal Circuit concluded that the challenger bears the burden of...more
In an opinion addressing the standing of a respondent in an appeal from an inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB or Board), the US Court of Appeals for the Federal Circuit concluded that the...more
In an opinion addressing whether a decision by the Patent Trial and Appeal Board (PTAB or Board) to reconsider a decision on institution is “final and nonappealable,” the US Court of Appeals for the Federal Circuit reaffirmed...more
In Depth -
The Supreme Court of the United States (Justice Breyer writing for the majority) affirmed a US Court of Appeals for the Federal Circuit decision barring judicial review of most decisions regarding institution...more
6/30/2016
/ America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Standard of Review ,
USPTO
In a pair of orders addressing confidential information acquired in parallel proceedings, the Patent Trial and Appeal Board (PTAB or Board) denied (1) a request to modify the Board’s default protective order to protect...more
Addressing whether the concurrent filing of a motion for joinder is sufficient to overcome the one-year statutory bar on inter partes review (IPR) petitions, the Patent Trial and Appeal Board (PTAB or Board) denied a...more
In a deeply divided opinion addressing the claim construction standard in post-grant America Invents Act (AIA) proceedings, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc, leaving in...more
9/4/2015
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
USPTO ,
Validity
In an order regarding deposition times for expert witnesses in three related inter partes reviews (IPRs), the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) ruled that total deposition time...more
Organik Kimya AS v. Rohm and Haas Co. -
In an order regarding allowable communications between counsel and witness, the Patent Trial and Appeal Board (PTAB) held that counsel may confer with a witness between the end...more
St. Jude Med., Cardiology Div., Inc. v. The Bd. of Regents of the Univ. of Mich. -
In the final written decision of an inter partes review, the Patent Trial and Appeal Board (PTAB) canceled all claims at issue on...more
St. Jude Med., Cardiology Div., Inc. v. Volcano Corp.; In re Dominion Dealer Solutions, LLC; In re The Procter & Gamble Co. -
In three opinions, each addressing a slightly different issue regarding the reviewability of...more