Articles: 1-10 of 306
Federal Circuit Affirms Obviousness Decision by Board, Finds No APA Violation Based on New Characterization of Passage Providing Motivation to Combine
USA - September 9 2019 In Smith & Nephew, Inc. v. Arthrocare Corp., Appeal No. IPR2016-00918 (Fed. Cir. Aug. 21, 2019), the Federal Circuit affirmed the Patent Trial and…
Federal Circuit Addresses Constitutional Issue Supreme Court Left Open
USA - August 12 2019 In consolidated appeals of a trio of Board decisions canceling pre-AIA patents in inter partes reviews (IPR), the Federal Circuit held “that the…
A Reference is Publicly Accessible if a Person of Ordinary Skill in the Art Could Access the Reference
USA - August 5 2019 In a recent decision vacating the PTAB’s finding that a draft standard for video coding emailed to a listserv was not publicly accessible, the…
Corroboration Required to Prove Earlier Invention Date
USA - July 29 2019 As we have discussed (here and here), owners of pre-AIA patents may be able to “swear behind” alleged prior art references by providing evidence of…
Federal Circuit Upholds Patent Ineligibility of Dice Game
USA - July 22 2019 The Federal Circuit recently issued a decision in In re Marco Guldenaar Holding B.V., ruling the claims at issue were directed to the abstract idea…
Is the Written Description Requirement a Nose of Wax?
USA - July 16 2019 In re Global IP Holdings LLC, Appeal 2018-1426 (Fed. Cir. July 5,2019), concerns patent law’s written description requirement, under 35 USC § 112…
Four Decisions to Know regarding the PTAB’s Treatment of the new 2019 Patent Eligibility Guidelines
USA - July 15 2019 PTABWatch Takeaway: The Patent Trial and Appeal Board (PTAB) designated as “informative” four decisions applying the Patent Office’s 2019 patent…
PTAB Precedential Decisions on Discretion to Institute Inter Partes Review
USA - July 8 2019 In May 2019, the PTAB designated precedential two IPR decisions related to its discretion to institute inter partes review. In Valve Corp. v…
USPTO to Patent Owners - Don’t Forget About Reexams and Reissues
USA - July 1 2019 Recently updated statistics from the USPTO provide little comfort for patent owners seeking to amend claims during an IPR proceeding. The Motion to…
Estoppel May Not Apply When Petitioner Lacks Standing to Appeal IPR Decision
USA - June 3 2019 In AVX Corp. v. Presidio Components, Inc., No. 2018-1106 (Fed. Cir. May. 13, 2019), the Federal Circuit determined that a manufacturer did not have…
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