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Repleading Dismissed Claims Does Not Nullify Underlying Dismissal Order

Before Hughes, Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Filing an amended complaint does not nullify a dismissal order that was not later...more

Judicial Review Is Available for PTO Director’s Fintiv Rulemaking Procedure

APPLE INC. v. VIDAL - Before Lourie, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Judicial review is available to determine whether the PTO...more

Patent Term Adjustment Under 35 U.S.C. 154(b)(1)(C)(iii) Requires Reversal of Adverse Determination of Patentability

Summary: When a patent claim is subject to adverse determinations of patentability first before the PTO and again after appeal, the claim is not entitled to patent term adjustment for the period of the appeal even if the...more

Enforcing a Patent Known to be Invalid Can Trigger Attorneys’ Fees

ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll.  Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can...more

Bulk-Filed Patent Applications Claiming Distant Priority Trigger Prosecution Laches

HYATT v. HIRSHFELD - Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia. Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent...more

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