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AIA Patents May Not Be Challenged in Interference Proceedings

SNIPR Technologies Ltd v. Rockefeller University - Before Chen, Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Patents whose priority is governed...more

Is Evidence of Generic Industry Skepticism Enough to Preclude a Finding of a Motivation to Combine?

AURIS HEALTH, INC., v. INTUITIVE SURGICAL OPERATIONS, INC., Before Dyk, Prost, and Reyna. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: Evidence of generic industry skepticism cannot, by itself, form...more

Effects of Proximity, Plurals, and Passive Voice for Claim Construction

APPLE INC. v. MPH TECHNOLOGIES OY - Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning...more

Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process....more

You Missed a Spot: The PTAB Should Consider All Presented Arguments and Evidence in Obviousness Determinations

CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC - Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s refusal to consider presented arguments and evidence can be a...more

Federal Circuit Has Jurisdiction to Review Joinder Decisions in IPRs

FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley.  Appeal from the Patent Trial and Appeal Board. Summary:  The Federal Circuit has jurisdiction to review challenges to the Board's joinder...more

En Banc Federal Circuit Denies Rehearing of Holding That Severance of an Unconstitutional Restriction in the America Invents Act...

ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for rehearing en banc of a panel decision of an appeal from the Patent...more

Patent Applicant Not Required to Pay PTO’s Attorneys’ Fees in District Court Suit to Obtain a Patent

PETER V. NANTKWEST, INC. Before Sotomayor, Roberts, Ginsburg, Breyer, Alito, Kagan, Gorsuch, and Kavanaugh. Appeal from the Federal Circuit on rehearing en banc. Summary: A patent applicant appealing an adverse decision...more

Completion of Phase I Safety Trials for FDA Approval May Not Be Sufficient to Show Reasonable Expectation of Success

OSI PHARMACEUTICALS, LLC v. APOTEX INC - Before Stoll, Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A pharmaceutical company’s statement touting the completion of Phase I safety trials...more

Federal Circuit Rejects Claim Construction That Improperly Narrowed the Claim

CISCO SYSTEMS, INC. v. TQ DELTA, LLC - Before Newman, Linn, and Wallach. Appeal from Patent Trial and Appeal Board. Summary: It is improper to read limitations from a preferred embodiment described in the specification...more

A Claimed Method Fails to Satisfy Written Description If It Is Not Described as a Whole

QUAKE v. LO - Before Reyna, Chen, and Hughes. Appeal from the Patent Trial and Appeal Board (“PTAB”). Summary: A claimed method must be expressly described as a whole in order to satisfy the written description...more

Standing to Appeal IPR Denied Where Petitioner Failed to Provide Evidence of Competitive Harm and Economic Loss

GENERAL ELECTRIC CO. V. UNITED TECHNOLOGIES CORP. Before Reyna, Taranto, and Hughes. Appeal from the Patent and Trial Appeal Board. Summary: A petitioner who loses an IPR must proffer specific evidence of competitive...more

Federal Circuit Holds Adequate Notice of PTAB's Claim Construction Provided Through Oral Hearing

TQ Delta LLC v. Dish Network LLC - Before: Newman, Linn, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: The rights of parties in an IPR are not violated when the PTAB provides adequate notice of...more

A Single Prior Art Reference Can Render a Patent Obvious

GAME AND TECHNOLOGY CO., LTD. v. ACTIVISION BLIZZARD INC. Before Prost, Lourie, and Wallach. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: A single prior art reference can render a patent obvious if it...more

Secondary Consideration of Skepticism Supports Non-Obviousness at PTAB

Before Moore, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board - Summary: Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight...more

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