News & Analysis as of

Software Inter Partes Review (IPR) Proceeding

McDonnell Boehnen Hulbert & Berghoff LLP

91%: That is the Rate at Which the PTAB Affirms Examiner Section 101 Rejections

Over the last two years, we have studied the examiner affirmance rates of the Patent Trial and Appeal Board (PTAB) for § 101 rejections.  The PTAB is the administrative court of the U.S. Patent and Trademark Office (USPTO)...more

Alston & Bird

Patent Case Summaries | Week Ending July 19, 2024

Alston & Bird on

Miller Mendel, Inc. v. City of Anna, Texas, Nos. 2022-1753, -1999 (Fed. Cir. (E.D. Tex.) July 18, 2024). Opinion by Cunningham, joined by Moore and Stoll. Miller Mendel sued City of Anna, Texas for infringement of a patent...more

Jones Day

PTAB Doubles Down on Interference Estoppel Issue

Jones Day on

The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to...more

Haug Partners LLP

Apple v. Corephotonics: PTAB Decision Focused on Expert’s “Typographical Error” Rather than the Parties’ Arguments Violated...

Haug Partners LLP on

On September 11, 2023, the Federal Circuit issued a precedential opinion that vacated and remanded two final written decisions of the Patent Trial and Appeal Board (the “Board”) in Apple, Inc. v. Corephotonics, Ltd.. The...more

Knobbe Martens

Federal Circuit Review - October 2021

Knobbe Martens on

No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that...more

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

PTAB Strategies and Insights - March 2020

In extraordinary times, sometimes the ordinary is comforting, so we want to bring you a short newsletter this month and provide some operating details for the major patent agencies in the US. First, we hope all our...more

Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 – Part 1

PART 1: IP ISSUES CURRENTLY PENDING BEFORE THE SUPREME COURT - In the first part of our series, we briefly summarize the intellectual property issues that the Supreme Court has already agreed to address in 2020. In...more

McDermott Will & Emery

Copyright Date Alone Does Not Prove Public Accessibility of Software User Guide

Addressing the standard for establishing whether a prior art reference qualifies as a “printed publication,” the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR), finding that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

September Was a Good Month for Patent Eligibility in the District Courts

Anecdotally, there seems to be a loosening up regarding the application of § 101 by the District Courts. The 2014 Supreme Court decision in Alice Corp. v. CLS Bank Int'l has been referred to as sounding a death knell for...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Issues 2016 Special 301 Report

On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - January 2016

SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more

Mintz - Intellectual Property Viewpoints

Fed Circuit Reverses PTAB Decision in IPR Proceeding

On June 16, the Federal Circuit issued its first-ever reversal of a Patent Trial and Appeal Board decision in an America Invents Act post-grant proceeding. The opinion, drafted by Chief Judge Prost and joined by CAFC Judge...more

McDermott Will & Emery

IPR Privity Analysis Includes Post-Complaint Period - VMWare, Inc. v. Good Technology Software, Inc.

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Clarifying the privity requirement for inter partes review (IPR) petitions, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) explained that privity should be determined looking at the...more

McDermott Will & Emery

Draft Available Only as a Password-Protected Download Is Not a Printed Publication - Samsung Electronics Co. Ltd. v. Rembrandt...

McDermott Will & Emery on

Addressing a petition to institute an inter partes review of a patent for communicating between different modem types, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) declined to institute...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - September 2014 #2

Airline Rewards Conversion Method Invalid Under Alice and Bilski - On September 2, 2014, Federal Circuit Judge William Bryson, sitting by designation in the Eastern District of Texas, ruled that two patents on a...more

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