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Articles: 1-10 of 232

PTAB Cases You Should Know

USA - February 22 2018 The Federal Circuit, Supreme Court, and PTAB have been addressing a number of big issues in 2017 and 2018. Here are the cases you should know.

A Split Federal Circuit Panel “at Once Envisaged” Different Conclusions of Anticipation

USA - February 19 2018 Can the disclosure in a prior art reference be too extensive for the art not to anticipate? According to a recent decision, the Federal Circuit…

Avoid Creating Bad Blood with the Board

USA - February 12 2018 The Board recently denied a post grant review petition because the challenge was deemed redundant of the Patent Office’s earlier examination of…

Patent Owner Estoppel May Apply When Patent Owner Cancels Claims Before IPR Institution

USA - February 1 2018 In Arthrex, Inc. v. Smith & Nephew, Inc., No. 2017-1239 (Fed. Cir. Jan. 24, 2018), the Federal Circuit affirmed the PTAB’s entry of adverse judgment…

PTAB Defines Further Limitation to Sovereign Immunity Defense

USA - January 24 2018 Sovereign immunity is not available to dismiss an IPR challenge where the Patent Owner has filed an infringement action against the Petitioner…

PTAB’s Time Bar Determinations Are Reviewable by the Federal Circuit

USA - January 12 2018 In Wi-Fi One, LLC v. Broadcom Corporation, an en banc panel of the Federal Circuit decided on January 8, 2018, that the PTAB’s application of the 35 U…

The United States Can Have Standing in AIA Proceedings

USA - January 9 2018 When “sued for infringement” within the meaning of 28 U.S.C. § 1498(a), the United States has standing to petition the Patent Office to institute…

Federal Circuit Again Reminds PTAB that BRI Must Be Reasonable

USA - January 8 2018 Last fall, the Federal Circuit reversed a PTAB decision that affirmed an Examiner’s rejection of various claims in an ex parte reexamination because…

PTAB Should Have Considered Argument Raised in “Redundant,” Non-instituted Ground

USA - January 4 2018 In CRFD Research Ltd. v. Matal, No. 2016-2198 (Fed. Cir. Dec. 5, 2017), the Federal Circuit determined that the PTAB erred in its obviousness analysis…

CAFC: PTAB Abused Its Discretion When It Refused to Admit Expert’s Trial Testimony

USA - January 3 2018 In Ultratec, Inc. v. CaptionCall, LLC, No. 2016-1706 (Fed. Cir. Aug. 28, 2017), the Federal Circuit vacated and remanded multiple IPR decisions where…