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PTAB Precedential Opinion Panel (POP) Precedential Opinion

WilmerHale

PTAB/USPTO Update - September 2024

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Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community....more

WilmerHale

Federal Circuit Patent Watch: “The” Computer Means the Same Computer

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1. FINJAN LLC V. SONICWALL, INC [OPINION] (22-1048, 10/13/2023) (Reyna, Bryson, and Cunningham) - Cunningham, J. The Court vacated the district court’s judgment of...more

WilmerHale

Federal Circuit Patent Watch: PTAB may make implicit finding of reasonable expectation of success if arguments are intertwined...

WilmerHale on

Precedential and Key Federal Circuit Opinions - BAXALTA INCOPORPORATED v. GENENTECH, INC. [OPINION] (2022-1461, 9/20/2023) (Moore, Clevenger, and Chen) - Moore, C.J. The Court affirmed a district court’s grant of...more

WilmerHale

Federal Circuit Patent Watch: IPR petitioner must be given opportunity to respond to new claim construction arguments by patent...

WilmerHale on

Precedential and Key Federal Circuit Opinions - AXONICS, INC. v. MEDTRONIC, INC. [OPINION] (2022-1532, 2022-1533, 8/7/2023) (Lourie, Dyk, and Taranto) - Dyk, J. The Court vacated and remanded IPR decisions by the PTAB...more

WilmerHale

Federal Circuit Patent Watch: Pending, non-final litigation or IPR decision does not negate intent to infringe that is otherwise...

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Precedential and Key Federal Circuit Opinions - UNITED THERAPEUTICS CORPORATION v. LIQUIDIA TECHNOLOGIES, INC. [OPINION] (22-2217, 7/24/23) (Lourie, Dyk, and Stoll) - Lourie, J. The Court affirmed the district...more

WilmerHale

Federal Circuit Patent Watch: Not All Obviousness Arguments Are Obvious

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Precedential Federal Circuit Opinions - MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. [OPINION] (21-2359, 21-2362, 21-2366, Moore, Lourie, and Dyk) - Moore, Chief J. The Court affirmed a PTAB decision (1) finding...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter - May 2023: Case Highlights: PTAB Precedential and Informative Decisions, Director Review...

This recurring feature highlights any new PTAB precedential and/or informative decisions, any new substantive Director review decisions, and any new substantive decisions issued by the Precedential Opinion Panel (POP). The...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter - May 2023

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

WilmerHale

Federal Circuit Patent Watch: Dietary supplement patent invalid under 35 U.S.C. § 101 because “the asserted claims do not have...

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Precedential Federal Circuit Opinions - SSI TECHNOLOGIES, LLC v. DONGGUAN ZHENGYANG ELECTRONIC MECHANICAL LTD. [OPINION] (2021-2345, 2022-1039, 2/13/2023) (Reyna, Bryson, and Cunningham) - Bryson, J. The Court...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (March 21-25): Oil is a Hot Commodity These Days—Even on the Federal Circuit

When it comes to oil, even the Federal Circuit’s hands are sometimes tied. Last week, the Federal Circuit affirmed a Patent Trial and Appeal Board Precedential Opinion Panel decision for claims related to oil wells, although...more

WilmerHale

Federal Circuit Patent Watch - March 2022 #3

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Precedential Federal Circuit Opinions - BASF PLANT SCIENCE, LP. v. COMMONWEALTH SCIENTIFIC[OPINION]  (2020-1415, 2020-1416, 2020-1919, 2020-1920, 3/15/2022) (NEWMAN, TARANTO, and CHEN) - Taranto, J.  The Court...more

Alston & Bird

Patent Case Summaries - March 2022 #2

Alston & Bird on

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

WilmerHale

Federal Circuit Patent Watch - February 2022

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Precedential Federal Circuit Opinions - KYOCERA SENCO INDUS. TOOLS INC. v. ITC [OPINION] (2020-1046, 2020-2050, 01/21/2022) (MOORE, DYK, and CUNNINGHAM) - Moore, C.J. The Court vacated and remanded an ITC decision...more

Fish & Richardson

Fish Post-Grant Radio: Episode #13: Rick Bisenius

Fish & Richardson on

This episode of Fish Post-Grant Radio features Fish attorneys Stuart Nelson – in his final episode as host – and Rick Bisenius, who will take over from Stuart going forward. In it, they discuss major precedential PTAB...more

Jones Day

No Rehearing Response During POP Request Pendency

Jones Day on

In Sand Revolution II, LLC v. Continental Intermodal Group-Trucking LLC, IPR2019-1393, Paper 19, (PTAB April, 7 2020), the Board denied briefing based on a lack of jurisdiction while the Precedential Opinion Panel request was...more

Haug Partners LLP

The Recent Rise of Discretionary Denials at the Patent Trial and Appeal Board

Haug Partners LLP on

The rate at which the Patent Trial and Appeal Board (“PTAB” or “Board”) institutes Petitions for Inter Partes Review (“IPR”) has been in steady decline since the introduction of the IPR procedure in 2013, and is expected to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 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

Goodwin

Issue Twenty-Seven: PTAB Trial Tracker

Goodwin on

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

Jones Day

POP: What Makes A Book A “Printed Publication”?

Jones Day on

A petition to institute an inter partes review (IPR) can only be filed on the basis of prior art consisting of patents and printed publications. But what makes a reference a “printed publication”? On December 20, 2019, the...more

WilmerHale

Precedential Opinion Panel Clarifies Reasonable Likelihood Standard for Printed Publications at the Institution Stage of...

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On December 20, 2019, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB) issued its decision in IPR2018-01039, addressing “What is required for a petitioner to establish that an asserted...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - December 2019: PTAB Precedential Opinion Panel Clarifies the Standard for Establishing a Reference...

In a recent precedential decision, Hulu, LLC v. Sound View Innovations, LLC, the Patent Trial and Appeal Board’s Precedential Opinion Panel (POP) clarified the standard for establishing a reference as a “printed publication”...more

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