by Carl Kukkonen | Feb 14, 2017 | Claim Construction, Request for Reconsideration
By Kamilah Alexander and Carl Kukkonen Conventional wisdom endorses the view that petitioning for a rehearing of a Patent Trial and Appeal Board (“Board”) final written decision is a waste of both attorney and client resources (i.e., time and money). Does...
by Carl Kukkonen | Jan 16, 2017 | Prior Art Issues, PTAB Trial Basics
By Kevin Clark and Carl Kukkonen The Patent Trial and Appeal Board (“Board”) recently reviewed the threshold necessary to institute a request for inter partes review (IPR) under 35 U.S.C. § 102. Munchkin, Inc. v. Int’l Refills Co., Ltd., IPR2016-01154 (December 12,...
by Carl Kukkonen | Jan 10, 2017 | Claim Construction, Federal Circuit Appeal
By Lin Yu Ph.D. and Carl Kukkonen In D’Agostino v. MasterCard Int’l Inc. 2016-1592 & 2016-1593, the Federal Circuit vacated the Patent Trial and Appeal Board invalidation decisions in two related inter partes review proceedings, holding that the Board’s claim...
by Carl Kukkonen | Dec 2, 2016 | CBMs, Federal Circuit Appeal, Patent Eligible Subject Matter
By Carl Kukkonen and Stephanie Brooker On November 29, 2016, in Apple Inc. v. Ameranth, Inc. 15-1703, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) findings of unpatentable independent claims in a Covered Business Method (CBM) review and...
by Carl Kukkonen | Oct 18, 2016 | Federal Circuit Appeal, Standing, Trial Institution
By Carl Kukkonen Last month, the Federal Circuit in Husky Injection Molding Systems Ltd. v. Athena Automation Ltd., Nos. 2015-1726, 2015-1727 (Fed. Cir. Sep. 23, 2016) addressed the issue of whether assignor estoppel may bar a party from filing a petition for inter...
