Posts Tagged: Patent Trial and Appeal Board


Managing the Perils of Public IP Company Ownership

The movements of IP-centric business have never been easy to appreciate. With technology patent and licensing values slowly returning to higher levels, it is a good time …
By Bruce Berman
3 months ago 2

CAFC Affirms Ruling that Patent Owner Engaged in Abusive Litigation Tactics Against IBM, SAP and JP Morgan Chase

The U.S. Court of Appeals for the Federal Circuit (CAFC) on March 1 affirmed a district court’s decision that a patent owner’s “scandalous and baseless …
By Kim Jordahl
3 months ago 10

Patent Filings Roundup: Neodron Settles En Masse; Pineapple34 Expresses Interest Over Old IV Patents; Pharma IPR Denied Over Prosecution History, Secondary Considerations Evidence

A light week at the Patent Trial and Appeal Board (PTAB) saw two post grant reviews (PGRs) and 16 inter partes reviews (IPRs) filed, while the District Court …
By Jonathan Stroud
4 months ago 0

Amici and Practitioners Attempt to Read the Arthrex Tea Leaves

Yesterday, the Supreme Court heard oral arguments in the most closely-watched patent case of the term, United States / Smith & Nephew v. Arthrex. IPWatchdog reached out to some …
By IPWatchdog
4 months ago 11

SCOTUS Dubs PTAB/APJ Structure a ‘Rare Bird’, Pushes for Workable Remedies in Arthrex Oral Arguments

The Justices of the U.S. Supreme Court today heard arguments in United States/ Smith & Nephew v. Arthrex, in which the Court will decide whether the administrative …
By Eileen McDermott
4 months ago 14

Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
By Eileen McDermott
4 months ago 0

What Increased Success Rates for Amending Claims During Post-Grant Proceedings Means for Patent Litigation

As reported by the Patent Trial and Appeal Board here and by others, the motion to amend pilot program (see 84 Fed. Reg. 9497), which took effect in March 2019, …
By Tyler Bowen
4 months ago 1

CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device

On February 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in an appeal by Canfield Scientific, Inc. (Canfield) from the …
By La'Cee Conley
4 months ago 0

Getting Ready for Arthrex: What the Amici Are Saying

The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…

Patent Filings Roundup: Porn Sites Head for PTAB; All-or-Nothing Post Grant Review Institution

Patent Trial and Appeal Board (PTAB) filings have settled into a relatively steady-state of roughly 20-30 petitions, occasionally punctuated by a big burst of litigation-related activity. Notably, …
By Jonathan Stroud
4 months ago 0

Federal Circuit Rules PTAB Erred on Successor-in-Interest Issue in Crocs Case

On February 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) granted Mojave Desert Holdings, LLC and U.S.A Dawgs Inc.’s (Mojave and …
By La'Cee Conley
4 months ago 1

Twist Emerges in Senate IP Subcommittee Leadership for 117th Congress

On Sunday, February 14, U.S. Senate Democratic Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), Ranking Member of the Senate …
By Gene Quinn & Eileen McDermott
4 months ago 18

Patent Filings Roundup: New Magnetar Entity Sues Oracle on Compression Tech; WSOU Changes Course; New Tim Pryor Campaign

Filings reverted to the mean this week, with 31 Patent Trial and Appeal Board (PTAB) filings (5 post grant reviews and 25 inter partes reviews) and roughly double that (61) for …
By Jonathan Stroud
4 months ago 0

Federal Circuit Reiterates It Will Not Be Bound by USPTO Eligibility Guidance

Earlier today, in cxLoyalty, Inc. v. Maritz Holdings, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, reversed-in-part and dismissed-in-part a decision of …
By Eileen McDermott
4 months ago 26

Patent Filings Roundup: PTAB Denies Verizon in Favor of Huawei; ‘Patent Paycheck Program’; Rock of AGIS

District court patent filings exploded this week with 126, while Patent Trial and Appeal Board filings were down substantially, with just 11 inter partes reviews (IPRs) and two post …
By Jonathan Stroud
5 months ago 1