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Articles: 1-10 of 274

IPR Petition Fee Must Be Received Not Merely Tendered for Petition to be Afforded a Filing Date

USA - October 4 2018 In this informative opinion, Luv N’ Care, LTD v. McGinley, Case IPR2017-01216, Paper 13 (Sept. 18, 2017) the PTAB clarified that to be accorded a…

Attorneys’ Fees Not Awardable Expenses in Section 145 Actions

USA - September 25 2018 In NantKwest, Inc. v. Iancu, No. 2016-1794 (Fed. Cir. Jul. 27, 2018) (en banc), the Federal Circuit decided en banc that attorneys’ fees are not…

Federal Circuit puts nail in coffin for petitioner’s case challenging casket patent

USA - September 24 2018 In Matthews International Corporation v. Vandor Corporation, No. 2017-1889 (Fed. Cir. Mar. 27, 2018) (non-precedential), the Federal Circuit affirmed…

Tradeshow catalog qualifies as prior art

USA - September 17 2018 In a previous blog post, we reported that in a Final Written Decision on October 26, 2016, the PTAB concluded that GoPro, Inc. (GoPro) failed to…

No mandamus relief from shenanigan-less non-institution decision

USA - September 10 2018 Absent extraordinary circumstances, the Federal Circuit will not review Patent Trial and Appeal Board decisions refusing to institute inter partes…

PTAB properly applied the printed matter doctrine

USA - August 29 2018 In Praxair Distrib. v. Mallinckrodt Hosp. Pdts., (Fed. Circ. May 16, 2018), the Federal Circuit affirmed the PTAB’s application of the printed matter…

PTAB was wrong to ignore an applicant’s prosecution disclaimer because of examiner’s reasons for allowance

USA - August 28 2018 Despite disagreeing with the PTAB’s preferred claim construction, the Federal Circuit in Arendi S.A.R.L. v. Google LLC, Case No. 2016-1249 (Fed. Cir…

One year time bar runs from date of service, regardless of whether suit is dismissed

USA - August 22 2018 The Federal Circuit recently held that the statutory time bar in 35 U.S.C. § 315(b) precludes the PTAB from deciding an IPR petition filed more than…

Federal Circuit upholds Board’s use of control standard of privity to assess time bar

USA - August 20 2018 It is undisputed that institution of an inter partes review (IPR) is time-barred under 35 U.S.C. § 315(b) if the petition is “filed more than 1 year…

Trial Practice Guide Updates and Future Fee Increases

USA - August 13 2018 Today’s Federal Register includes a notice that the Patent Office updated its August 2012 Trial Practice Guide. The Federal Circuit recently noted…