Articles: 1-10 of 215
Federal Circuit PTAB Appeal Statistics for September and October 2023
USA - December 1 2023 In September, the Federal Circuit affirmed the PTAB on every issue in 8 (66.67%) cases on appeal from post-grant proceedings, including in two…
IPR and PGR Statistics for Final Written Decisions Issued in September 2023
USA - November 6 2023 In September, the PTAB cancelled 460 (76.54%) instituted claims across 33 IPR and PGR Final Written Decisions, including decisions issued following…
Substitute Claims Upheld as Prior Art Is Inapplicable to Pharmaceutical Compositions
USA - October 27 2023 In Hope Medical Enterprises Inc., v. Fennec Pharmaceuticals Inc., the Board's Final Written Decision (FWD) found that Petitioner had not…
Federal Circuit PTAB Appeal Statistics for August 2023
USA - October 17 2023 In August, the Federal Circuit affirmed the PTAB on every issue in 9 (81.82%) cases on appeal from post-grant proceedings, including in four…
Claim Construction Leads to Unpatentability for Lack of Written Description Support
USA - September 20 2023 In Tokyo Ohka Koygo., Ltd. v. Fujifilm Electronic Materials U.S.A., Inc., PGR2022-00010, Paper 28 (P.T.A.B. May 31, 2023), the Patent Trial and…
Unexpected Results Save Patent Claims from Rejection at the PTAB
USA - September 15 2023 In a series of inter partes review (“IPR”) proceedings between JSR Corporation and Cytiva Bioprocess R&D AB, the Patent Trial and Appeal Board…
Federal Circuit PTAB Appeal Statistics for June and July 2023
USA - September 12 2023 In June, the Federal Circuit affirmed the PTAB on every issue in 16 (88.89%) cases on appeal from post-grant proceedings, including in five…
“Nearly All” Not Quite Good Enough to Achieve Discretionary Denial Under §325(d)
USA - September 8 2023 In Fusion Pharms., Inc. v. Univerität Heidelberg, IPR2023-00551, the Patent Trial and Appeal Board (“PTAB”) instituted inter partes review (“IPR”)…
Difficulties of Overcoming Substantial Evidence Review
USA - September 5 2023 In Roku, Inc., v. Universal Electronics, Inc., Petitioner-Appellant Roku challenged the Board’s Final Written Decision in an inter partes review…
Sanctions at the PTAB: Recent Cases
USA - August 31 2023 The Patent Trial and Appeals Board (“PTAB” or the “Board”) granted Columbia’s motion for sanctions seeking attorneys’ fees and costs incurred since…
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