by Carl Kukkonen | Nov 1, 2021 | Federal Circuit Appeal, Trial Institution
By Carl Kukkonen – The Federal Circuit in AMC Multi-Cinema, Inc. v. Fall Line Patents (Fed. Circ. September 30, 2021, op. 21-1051) held that the PTAB partially abused its discretion when upholding one claim of U.S. Patent No. 9,454,748 for which the patent owner...
by Carl Kukkonen | Aug 16, 2021 | Discovery, Motions Practice, PTAB News, Real Party in Interest
By Carl Kukkonen – In Unified Patents, LLC f/k/a Unified Patents Inc. v. Electronics and Telecommunications Research Institute (IPR2021-00827), the PTAB denied a patent owner’s request to file a motion for additional discovery into any real...
by Carl Kukkonen | Jun 9, 2021 | Federal Circuit Appeal
By Chris Hodge and Carl Kukkonen – On May 28, the Federal Circuit reversed a PTAB inter partes review (“IPR”) decision that held Baxter Corporation Englewood’s (“Baxter’s”) claims were not invalid under 35 U.S.C. § 103(a) obviousness based on three prior art...
by Carl Kukkonen | Apr 5, 2021 | Federal Circuit Appeal, Other News
By Phillip Shelton* and Carl Kukkonen – According to a recent district court opinion, a party may waive its right to assert infringement on claims that it voluntarily agrees to give up (e.g., by abandoning the claims). Such a waiver will be enforced as an...
by Carl Kukkonen | Mar 30, 2021 | Other News
By Carl Kukkonen and Stephanie M. Mishaga – The Federal Circuit recently affirmed a Patent Trial and Appeal Board (PTAB) finding that certain claims related to genetic inheritance data analysis are patent ineligible. The claims at issue sought to protect...