The US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB) finding of obviousness over a patent owner’s challenge to the “combination” of prior art, explaining that no motivation to combine...more
The US Court of Appeals for the Federal Circuit upheld an inter partes review (IPR) determination that challenged claims were not obvious over two references asserted in requestor’s IPR petition without consideration of other...more
Addressing the issues of priority and incorporation by reference, the US Court of Appeals for the Federal Circuit upheld the Patent Trial and Appeal Board’s (PTAB’s) prior art rejection of a patent based on the priority date...more
In its October 7 en banc decision in Apple v. Samsung, the US Court of Appeals for the Federal Circuit, without benefit of en banc briefing, issued an unusual opinion overturning a panel decision for the purpose of...more
10/12/2016
/ Appeals ,
Apple ,
Apple v Samsung ,
En Banc Review ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Prior Art ,
Samsung ,
Smartphones ,
Substantial Evidence Standard
The full US Court of Appeals for the Federal Circuit has issued an order granting en banc review of the Patent Trial and Appeal Board’s (PTAB’s or Board’s) rules governing amendments filed in the course of America Invents Act...more
9/2/2016
/ America Invents Act ,
Appeals ,
Burden of Persuasion ,
Burden of Production ,
Claim Amendments ,
En Banc Review ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Sua Sponte ,
USPTO
The Patent Trial and Appeal Board (PTAB or Board) denied institution of inter partes review (IPR) after determining that the challenged claims were indefinite and that therefore the Board could not apply the prior art to...more
In a trio of orders addressing the extent of express explanation required in a petition for post-grant review, the Patent Trial and Appeal Board (PTAB or Board) found each petition defective for lack of explanation regarding...more
United State Postal Service v. Return Mail, Inc.; Conopco, Inc. v. The Proctor & Gamble Co. -
Two recent orders by the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB or Board) emphasize...more
“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. -
Resolving a split among the U.S. Courts of Appeals, the...more
7/31/2013
/ Abbreviated New Drug Application (ANDA) ,
Advertising ,
Antitrust Investigations ,
Arbitration Agreements ,
Claims Limitations Period ,
Copyright ,
Forum ,
FTC v Actavis ,
Good Faith ,
Induced Infringement ,
Infringement ,
International Trade Commission (ITC) ,
Jurisdiction ,
Lanham Act ,
Obviousness ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
Prior Art ,
Reverse Payment Settlement Agreements ,
Standard Essential Patents ,
Trade Secrets ,
Trademarks
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship -
Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
4/30/2013
/ Affidavits ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
Discovery ,
DMCA ,
Infringement ,
Patents ,
Prior Art ,
Safe Harbors ,
Trademarks ,
USPTO