Articles: 1-10 of 65

A Real Party-in-Interest Determination Is Final and Non-Appealable, Including Denial of Related Motion to Dismiss and Discovery

USA - April 7 2021 In CyWee Group Ltd. v. Google LLC, Nos. 2020-1565, 2020-1567 (Mar. 16, 2021), CyWee challenged the Board’s conclusion that Google identified all real…

Federal Circuit Confirms the PTAB’s Authority to Deinstitute IPR Proceedings

USA - April 6 2021 In Sling TV, L.L.C. V. Realtime Adaptive Streaming LLC, Nos. 2020-1601, 1602 (Mar. 16, 2021), the Federal Circuit dismissed in part and denied in…

In Rare Sua Sponte Order, PTAB Finds Using a Trademark Could Render Claim Indefinite

USA - March 17 2021 In a rare sua sponte action, the Board issued an order providing notice that the patent owner’s amended claims in an ongoing PGR may be unpatentable…

IPR and CBM Statistics for Final Written Decisions Issued in December 2020 and January 2021

USA - March 10 2021 The Patent Trial and Appeal Board issued 28 IPR and CBM Final Written Decisions in December, including decisions following remands from the Federal…

Redemption of Loyalty Points Is a Patent-Ineligible Abstract Idea, Federal Circuit Holds

USA - February 26 2021 In cxLoyalty, Inc. v. Maritz Holdings Inc., Nos. 2020-1307, 1309 (February 8, 2021), the Federal Circuit found both original and substitute claims in…

Coming into Focus: Federal Circuit Reverses PTAB, Finds Independent Claims of Immersion Photography Device Unpatentable as Obvious

USA - February 24 2021 In Canfield Sci., Inc. v. Melanoscan, LLC, No. 19-1927 (Fed. Cir. Feb. 18, 2021), the Federal Circuit applied KSR v. Teleflex to reverse in part the…

No Unpatentability in a Successful Motion to Amend

USA - February 23 2021 In Mylan Labs. Ltd. v. Aventis Pharma S.A., IPR2016-00712, Paper 112 (P.T.A.B. Oct. 22, 2019), aff’d without opinion (Fed. Cir. Jan. 15, 2021), the…

Federal Circuit Partially Vacates PTAB Decision in Mixed Victory for Samsung

USA - February 22 2021 On February 1, 2021, the Federal Circuit partially vacated the PTAB’s invalidation of a video compression patent challenged by Samsung, holding that…

Disavowal of Infringement Case Moots IPR Appeal

USA - February 11 2021 In ABS Glob., Inc. v. Cytonome/ST, LLC, No. 2019-2051 (Fed. Cir. Jan. 6, 2021), a panel of the U.S. Court of Appeals for the Federal Circuit (STOLL…

USPTO Issues Memorandum Aligning Indefiniteness Standard with District Court

USA - January 11 2021 On January 6, 2021, the U.S. Patent & Trademark Office issued a memorandum to the Patent Trial and Appeal Board, requiring that, in post-grant trial…