The Supreme Court ruled today in Thryv, Inc. v. Click-to-Call Technologies, LP that decisions that an inter partes review petition was timely filed cannot be appealed. In a 7-2 decision penned by Justice Ginsburg, the Court...more
4/22/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
The Federal Circuit issued an order Monday denying both panel rehearing and rehearing en banc in Arthrex v. Smith & Nephew, 931 F.3d 1320 (Fed. Cir. 2019)....more
The Federal Circuit has ruled in Facebook, Inc. v. Windy City Innovations, LLC that the Patent Trial and Appeal Board’s (PTAB) practice of permitting petitioners to join themselves as parties to existing reviews and adding...more
The Patent Trial and Appeal Board (PTAB) remains the forum of choice for challenging the validity of patent claims. However, it is notable that a comparison of 2019 and 2018 statistics reveals about a 30 percent decline in...more
Initial Thoughts on Panel Decision in Arthrex - This alert discusses the recent Federal Circuit decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140 (Fed. Cir. Oct. 31, 2019) (MOORE Reyna Chen) and provides some...more
On August 16, 2018 the en banc Federal Circuit held that a patentee’s initial service of a complaint triggers the one-year period for filing of an IPR petition—even if the complaint was voluntarily dismissed without prejudice...more
Ultratec, Inc. v. CaptionCall, LLC, __ F.3d __ (Fed. Cir. Aug. 28, 2017) (Newman, Linn, MOORE) (PTAB) (4 of 5 stars) -
Fed Cir vacates IPR determination of obviousness/anticipation. The PTAB abused its discretion by...more
Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 (U.S. cert. granted June 12, 2016) (Fed. Cir.: Per curiam (Moore, O’Malley, Hughes)) (PTAB) (5 of 5 stars).
The Supreme has granted certiorari to...more
Federal Circuit reverses determination of subject-matter ineligibility as to patent claims directed to software, vacates summary judgment of anticipation for four claims based on patentee’s purposeful use of a singular...more
In re TC Heartland LLC, __ F.3d __ (Fed. Cir. Apr. 29, 2016) (MOORE, Linn, Wallach) (D. Del.: Stark) -
Fed Cir denies petition for writ of mandamus that sought to require the district court to dismiss or transfer...more