IP Litigation > Nova Content
Change in Claim Construction Standard Provides Greater Appellate Opportunity
Some months back the Patent Trial & Appeal Board (PTAB) proposed dropping the... Read More »
CASE OF THE WEEK
Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. Sept. 20, 2018)
In a... Read More »
I am going to try to discuss two recent decisions by the PTAB, Ex parte Fiesner, Appeal 2018-00530 (9-10-18) and Ex parte Lehrer, Appeal 2016-007941 (8-29-2018). Both ... Read More »
CASE OF THE WEEK
Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc., Appeal Nos. 2017-2078, -2134 (Fed. Cir. Sept. 10, 2018)
The Federal Circuit affirmed... Read More »
In ex parte Ho, the subject of my last post, the PTAB reversed the Examiner’s rejection of claims to a population of bone marrow cells obtained by two-stage... Read More »
In Judge Plager’s concurrence-in-part in Interval Licensing v. AOL, Inc., he describes the “small puzzle” present in the Mayo/Alice analysis of a... Read More »
Federal Circuit Summary
On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc., affirming the Patent... Read More »
Federal Circuit Finds PTAB Discovery Determinations One-Sided
On the heels of Applications in Internet Time, LLC v. RPX Corporation, the Federal Circuit once... Read More »
CASE OF THE WEEK
Worlds Inc. v. Bungie, Inc., Appeal Nos. 2017-1481, -1546, -1583 (Fed. Cir. Sept. 7, 2018)
In appeals from three inter partes reviews, the... Read More »
The Impact of SAS Institute on Statutory Estoppel
IPR estoppel is established under 35 U.S.C. § 315(e)(2), which provides that “the petitioner in an... Read More »
CASE OF THE WEEK
Ericsson Inc. v. Intellectual Ventures I LLC, Appeal No. 2017-1521 (Fed. Cir. Aug. 27, 2018)
In an appeal from an inter partes review, the... Read More »
CASE OF THE WEEK
In re Ron Maatita, Appeal No. 2017-2037 (Fed. Cir. Aug. 20, 2018)
In an appeal from an examiner’s rejection, the Federal Circuit... Read More »
Federal Circuit Summary
Before O’Malley, Taranto, and Stark; Partial En Banc Decision before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna... Read More »
CASE OF THE WEEK
Click-to-Call Technologies, LP v. Ingenio, Inc., Appeal No. 2015-1242 (Fed. Cir. Aug. 16, 2018)
In an appeal of an inter partes review... Read More »
“Without Prejudice” Dismissal of Earlier Complaint Does not Restart 315(b) Clock
As I predicted it would back in May, the Federal Circuit has now... Read More »
Patent Owner’s Given New Rights in Trial Practice Guide Update
The Federal Register will issue a notice updating the Patent Trial & Appeal Board (PTAB)... Read More »
CASE OF THE WEEK
JTEKT Corporation v. GKN Automotive Ltd., Appeal No. 2017-1828 (Fed. Cir. Aug. 3, 2018)
The Federal Circuit dismissed an appeal from an inter ... Read More »
Federal Circuit Summary
Before Prost, Dyk, and O’Malley. Appeal from the Patent and Trial Appeal Board.
Summary: An IPR petitioner lacks standing... Read More »
Federal Circuit Summary
Before Newman, Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board.
Summary: A party did not waive SAS-based relief in... Read More »
CAFC Emphasizes Flexibility of its Printed Publication Jurisprudence
Last week, I pointed out that the Federal Circuit faulted the Patent Trial & Appeal Board ... Read More »