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Does 315(b) Codify Party Notice or Patent Notice? Last summer, the Federal Circuit reversed the Patent Trial & Appeal Board’s (PTAB) practice of... Read More »
CASE OF THE WEEK Coda Development S.R.O. v. Goodyear Tire & Rubber Co., Appeal No. 2018-1028 (Fed. Cir. Feb. 22, 2019) In an appeal from a district court... Read More »
Recent Decisions Find Meeting of Statutory Requirement Subject to Agency Discretion A properly filed AIA trial trial petition must name all... Read More »
CASE OF THE WEEK CenTrak, Inc. v. Sonitor Technologies, Inc., Appeal No. 2017-2510 (Fed. Cir. Feb. 14, 2019) In this appeal from the United States District... Read More »
In January of 2019, the Patent Office, under Director Iancu, issued new guidance to all USPTO personnel evaluating patent subject matter eligibility under the... Read More »
CASE OF THE WEEK Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, Appeal No. 2017-2508 (Fed. Cir. Feb. 6, 2019) In an appeal from an order of the ... Read More »
Federal Circuit Summary Before Newman, Dyk, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary: An injury-in-fact is required to establish ... Read More »
CASE OF THE WEEK Duncan Parking Techs., Inc. v. IPS Group, Inc. and IPS Group, Inc. v. Duncan Solutions, Inc. et al., Appeal Nos. 2018-1205, -1360 (Fed. Cir... Read More »
CASE OF THE WEEK Mark A. Barry v. Medtronic, Inc., Appeal No. 2017-2463 (Fed. Cir. Jan. 24, 2019) On Thursday, the Federal Circuit issued a significant... Read More »
Issue Joinder Practices Poised to Reset As previously discussed, the Patent Trial & Appeal Board (PTAB) is now reconsidering its issue joinder practices... Read More »
A few weeks ago, we discussed how patent prosecution practice is becoming commoditized. Since then, a number of firms and attorneys have contacted us and explained... Read More »
Comments
Anonymous "we should expect an allowance rate of about 90% for him based on the stats we have from A1."
Feb 3, 2019
Anonymous I do not see what is useful about this information (maybe I am missing something).
Feb 3, 2019
  Federal Circuit Summary   Before Chief Judge Prost, Moore, and Taranto.  Appeal from the United States District Court for the Eastern ... Read More »
Federal Circuit Summary   Before Dyk, Taranto, and Stoll.  Appeal from U.S. District Court for the District of Delaware. Summary: The... Read More »
LATEST FROM THE SUPREME COURT Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 586 U.S. ____ (2019) Today, the Supreme Court addressed the extent of ... Read More »
A preliminary decision in the District Court of Delaware introduces the possibility that a patentee’s victory on assignor estoppel in the district court could... Read More »
Court Takes Offense to Tactics Geared to PTAB Alone Litigants beware; Judge Rodney Gilstrap (E.D. Texas) warned litigants considered to be using the district... Read More »
General Plastic Factors & Follow-on Petitions Last September, the Patent Trial & Appeal Board (PTAB) held that the advanced state of a district court... Read More »
New Presentation of Same IPR Art Thwarted by Estoppel Post SAS, there are fewer exceptions to IPR estoppel. Indeed, the absence of partial institutions has led to ... Read More »
CASE OF THE WEEK WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2013-1527, 2014-1121, -1526, -1528 (Fed. Cir. Jan. 11, 2019) In the continuing saga... Read More »
PTAB 2018: A Year of Agency Recalibration The Patent Trial & Appeal Board (PTAB) stole much of the 2018 patent law spotlight. From landmark Supreme Court... Read More »
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