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Presumption of Nexus for Secondary Considerations Is Improper When a Commercial Product Includes Unclaimed but Functionally...

FOX FACTORY, INC. v. SRAM, LLC - Before Prost, Wallach, and Hughes.  Appeal from the Patent Trial and Appeal Board (PTAB). Summary:  When a commercial product contains unclaimed features, a presumption of nexus between...more

Decision of PTAB to Reconsider Earlier Decision Instituting Inter Partes Review Is Not Reviewable by the Court of Appeals

BIODELIVERY SCIENCES INTL. v. AQUESTIVE THERAPEUTICS, INC. Before Newman, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: The PTAB has the discretion to not institute inter partes...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

E.I. Dupont De Nemours & Co. v. Synvina C.V.

Federal Circuit Summary - Before Lourie, O’Malley, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: When the ranges identified in a claimed composition overlap with the ranges disclosed in the prior...more

Ericsson Inc. v. Intellectual Ventures I LLC.

Federal Circuit Summaries - Before Prost, Newman, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: An unsupported expert opinion does not constitute substantial evidence to contradict a prior art...more

Elbit Systems Of America, LLC v. Thales Visionix, Inc.

Federal Circuit Summaries - Before Moore, Wallach, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be...more

The Eastern District of Texas Again Broadly Applies IPR Estoppel and Finds a Joined Party in the IPR Is Also Subject to Estoppel

A magistrate judge in the Eastern District of Texas recommended in Network-1 Technologies, Inc. v. Alcatel-Lucent USA, Inc. Case No. 6:11-cv-492 (E.D.Tex. September 25, 2017) that Hewlett-Packard (“HP”) should be estopped...more

Magistrate Judge Recommends IPR Estoppel Bar of Prior Art References

A magistrate judge in the Eastern District of Texas recommended in Biscotti, Inc. v. Microsoft Corp., No. 2:13-CV-01015, DI 191 (E.D. Tex. May 11, 2017) that Microsoft should be estopped from asserting invalidity grounds that...more

PTAB Avoids Triggering Estoppel by Issuing Concurrent Final Written Decisions

The Patent Trial and Appeal Board issued concurrent final written decisions upholding the validity of all challenged claims of U.S. Patent No. 8,141,154 in Palo Alto Networks, Inc. v. Finjan. Inc. IPR2015-01979, Paper 62...more

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