We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Articles: 1-10 of 281

Chemical Company Developing Industrial Process Had Standing to Appeal

USA - January 2 2019 In E.I du Pont de Nemours & Co. v. Synvina C.V., No. 2017-1977 (Fed. Cir. Sept. 17, 2018), the Federal Circuit determined that the IPR petitioner…

Trade Show Publication Dooms Patent in IPR Appeal Despite Contrary Decision in ITC Appeal

USA - December 17 2018 Inter partes review not only provides a faster and cheaper way to challenge patent validity, but also expands the Patent Office’s ability to develop…

Confusion and Delay

USA - December 3 2018 In Oil States Energy Services., LLC v. Greene’s Energy Group, LLC, Justice Thomas, writing for a 7-2 majority of the Supreme Court, explained that…

IPR Estoppel does not apply to ITC Investigative Staff

USA - November 14 2018 Judge Cheney of the United States International Trade Commission held that ITC Investigative Staff are not estopped from asserting invalidity of a…

“Comments Anyone?”: PTO Makes Proposed New IPR Amendment Process

USA - November 13 2018 On October 29, 2018, the Patent and Trademark Office published a request for comments on a proposal to establish a new procedure by which patent…

Rule Changes Will Advance a Famous Judge Rich Axiom

USA - October 23 2018 For AIA trial petitions filed after November 12, 2018, the Patent Trial and Appeal Board will construe claims challenged and proposed to be amended…

Successful IPR Petition Time Barred Under 35 U.S.C. §315(b) by Involuntarily Dismissed Complaint

USA - October 22 2018 In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co., Appeal Nos. 2017-1555, 217-1626 (Fed. Cir. Sept. 28, 2018), the Federal Circuit vacated…

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…