News & Analysis as of October 18, 2024

Patent Litigation

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Federal Circuit Review | August 2024

Knobbe Martens on 9/10/2024

Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more

What Patent Bills Would Mean for Infringement Litigation

Farella Braun + Martel LLP on 9/7/2023

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting...more

Supreme Court Decides Not To Review PTAB Estoppel Issue

Jones Day on 7/6/2023

The Supreme Court will not consider a challenge to the proper scope of AIA statutory estoppel, leaving the Federal Circuit’s governing interpretation in place. The Court’s June 26, 2023 order list denied the pending petition...more

Latest Federal Court Cases - August 2022 #4

Schwabe, Williamson & Wyatt PC on 8/23/2022

This week, we provide extensive write-ups about two consequential decisions issued by the United States Court of Appeals for the Federal Circuit concerning two procedural issues under the America Invents Act (“AIA”), both...more

Latest Federal Court Cases - May 2022 #4

Schwabe, Williamson & Wyatt PC on 6/1/2022

Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir. May 27, 2022) In a return to the Federal Circuit, this case again sets precedent concerning Patent Office Director review of Patent Trial and Appeal Board...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/9/2022

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Supreme Court Finds Constitutional Violation in Patent Challenges, But Provides Quick Fix

Sunstein LLP on 8/9/2021

For those familiar with inter partes review—or IPR, as it is known—the recent Supreme Court decision in U.S. v. Arthrex was much anticipated because it carried with it the potential to upend the entire IPR system. IPR has...more

Arthrex SCOTUS Ruling: The IPR Show Must Go On, Just with (a Bit) More Oversight

Mintz - Intellectual Property Viewpoints on 6/25/2021

On Monday, in a highly-anticipated decision, a fractured Supreme Court issued its opinion in United States v. Arthrex, et al., striking a portion of the America Invents Act (AIA) as unconstitutional—but providing an...more

IPR>>IRL - A brief guide to the essentials of inter partes reviews in real life. Post-Grant Patent Law Practice

Perkins Coie on 4/28/2021

In 2011, Congress passed the America Invents Act, which replaced the inter partes reexamination process with inter partes review (IPR). The IPR procedure was intended to streamline disputes by, among other things, shortening...more

Oral Argument in Minerva Surgical Inc. v. Hologic, Inc.

McDonnell Boehnen Hulbert & Berghoff LLP on 4/26/2021

The Supreme Court heard oral argument last week in Minerva Surgical Inc. v. Hologic, Inc. over the issue of assignor estoppel. As a reminder, the case arose in an infringement suit over U.S. Patent Nos. 6,782,183 and...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Thryv, Inc. v. Click-To-Call Technologies, Inc.,...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/19/2021

In Thryv, Inc v. Click-To-Call Technologies, LP, 140 S. Ct. 1367 (2020), the Supreme Court held that patent owners cannot appeal determinations by the Patent Trial and Appeal Board declining to apply the time bar of 35 U.S.C....more

Thryv Inc. v. Click-to-call Technologies LP

Ladas & Parry LLP on 11/24/2020

The question of whether the United States Court of Appeals for the Federal Circuit Court of Appeals has any right to examine a decision of the Patent Trial and Appeal Board (PTAB) to institute inter partes review or post...more

Last Week in the Federal Circuit (August 31-September 4): Same-Party Joinder Still Not Thryv-ing

Morrison & Foerster LLP - Federal Circuitry on 9/9/2020

Last week was September Court week, marking the unofficial end of summer for Federal Circuit practitioners. The Court issued a total of 25 decisions, including 8 Rule 36 summary affirmances in cases argued last week, as well...more

Orders of Interest Roundup

Morrison & Foerster LLP - Federal Circuitry on 9/9/2020

At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal...more

Most Notable Patent Decisions in the First Half of 2020

Dunlap Bennett & Ludwig PLLC on 8/6/2020

In the first half of 2020, several notable decisions further shaped the course of patent law, with rulings from the Supreme Court and Federal Circuit impacting PTAB proceedings, as described below...more

Arthrex Files Certiorari Petition in Arthrex case (Second Petition)

McDonnell Boehnen Hulbert & Berghoff LLP on 7/20/2020

Arthrex recently filed a(nother) certiorari petition with the Supreme Court, this time in Arthrex, Inc. v. Smith & Nephew, Inc., which has also been the subject of petitions from the U.S. government and Smith & Nephew. (This...more

PTAB Strategies and Insights - June 2020: Will Thryv Be Extended to Bar Appeals on CBM Eligibility of a Patent?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/26/2020

On June 15, 2020, the Supreme Court issued an Order in Emerson Elec Emerson Electric Co., Petitioner v. SIPCO, LLC, Case 19-966, stating “Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light...more

PTAB Strategies and Insights - June 2020

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/25/2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Too Early to Hang Up on Click-to-Call

McDermott Will & Emery on 6/24/2020

In the wake of its six-week-old decision in Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States has now granted certiorari in an appeal of another case arising from a Federal Circuit appeal...more

Navigating the Appeal Bar in PTAB Cases

Bass, Berry & Sims PLC on 6/22/2020

The U.S. Supreme Court recently construed the § 314(d) appeal bar in inter partes reviews (IPRs) as precluding appeals from time-bar determinations per § 315(b). Thryv, Inc. v. Click-to-Call Techs., LP, 140 S. Ct. 1367...more

Or Forever Hold Your Peace: Supreme Court Ruling Will Spur Early Efforts to Sway PTAB as to Timeliness of IPR Petitions

Sunstein LLP on 6/12/2020

The Supreme Court of the United States has recently decided that the discretion of the Patent Trial and Appeal Board (“Board” or “PTAB”) to institute an inter partes review (“IPR”), despite challenges to its timeliness,...more

Supreme Court: Inter Partes Review Time Bar Held Not Appealable

Manatt, Phelps & Phillips, LLP on 5/28/2020

In Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court held that the Patent Trial and Appeal Board (Board) decision whether an inter partes review (IPR) petition was timely filed could not be appealed. In a...more

Issue Twenty-Six: PTAB Trial Tracker

Goodwin on 5/15/2020

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

PTAB Time Bar Application in Instituting IPR Proceedings Nonappealable

McDermott Will & Emery on 5/7/2020

Addressing the scope of review of the Patent Trial and Appeal Board’s (PTAB’s) application of the one-year time bar of 35 USC § 315(b) in deciding whether to institute an inter partes review (IPR) proceeding, the Supreme...more

The PTAB Review - April 2020

Wilson Sonsini Goodrich & Rosati on 5/4/2020

Despite the current environment of social distancing, the United States Patent and Trademark Office (USPTO) has continued full operations while eliminating face-to-face interactions. For example, Patent Trial and Appeal Board...more

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