News & Analysis as of

Petition For Rehearing Inter Partes Review (IPR) Proceeding Final Written Decisions

Jones Day

No Requirement to Raise All Arguments in Rehearing Request

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The Federal Circuit in Voice Tech Corp. v. Unified Patents, LLC, No. 2022-2163 (Fed. Cir. Aug. 1, 2024) (Lourie, Chen, and Cunningham), affirmed the PTAB’s determination that claims of Voice Tech Corp.’s (“Voice Tech”) U.S....more

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SCOTUS Says “Fresenius/Simmons Preclusion Principle” Stays Alive

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The Supreme Court recently denied Chrimar Systems, Inc. (Chrimar)’s petition for certiorari seeking to overturn the Federal Circuit’s “Fresenius/Simmons preclusion principle,” under which Chrimar’s district court victory...more

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Timeline of Arthrex Developments

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The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world... Inter partes review (IPR) reshaped patent law and patent litigation this decade after the America Invents Act took effect....more

International Lawyers Network

Can Appointment of Administrative Patent Judges be Unconstitutional?

For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office.  For an...more

Jones Day

Government to Request Arthrex Rehearing; Rush for Remands Slowed

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On October 31, 2019 a panel of Federal Circuit Judges issued the Arthrex Inc. v. Smith and Nephew, Inc. opinion finding the appointment of PTAB judges unconstitutional by violating the Appointments Clause. The panel’s remedy...more

Knobbe Martens

Federal Circuit Review - February 2019

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PTAB May Invalidate Claims on Reconsideration Based on Grounds Raised in the Institution Decision that Were Not Originally Instituted - In AC Technologies S.A., V. Amazon.Com, Inc., Blizzard Entertainment, Inc., Appeal No....more

Foley & Lardner LLP

New Estoppel Concern For Petitioners Raised In BTG v. Amneal

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The Court of Appeals for the Federal Circuit is poised to decide a case which may create new estoppel concerns for AIA petitioners under 35 USC § 315(e)(2). The appeal resulted from a Hatch-Waxman litigation in BTG v. Amneal,...more

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Federal Circuit Grants Rehearing and Remands IPR to PTAB post-SAS

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Last week, the Federal Circuit granted, in part, a panel rehearing request and remanded an IPR to the PTAB in view of SAS to address claims that were not initially instituted by the Board. Broad Ocean Tech., LLC v. Nidec...more

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PTAB Grants Rare Rehearing Due To Insufficient Evidence Of Obviousness

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In Coalition For Affordable Drugs VI, LLC v. Celgene Corp. (2015-01096, -01102, -01103), the PTAB granted Patent Owner Celgene’s request for rehearing of a final written decision that had found the challenged claims invalid...more

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