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Fed. Cir. Rejects PTAB Decision on Mystery Shopper Patent; Returns to Sender

Fed. Cir. Rejects PTAB Decision on Mystery Shopper Patent; Returns to Sender

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...
PTAB Denies Patent Owner’s Last-Minute Discovery Request

PTAB Denies Patent Owner’s Last-Minute Discovery Request

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...
Telepharma Disconnect: Federal Circuit Reverses PTAB on Obviousness

Telepharma Disconnect: Federal Circuit Reverses PTAB on Obviousness

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...
Conditional Offer to Abandon Claims Does Not Constitute Waiver to Assert

Conditional Offer to Abandon Claims Does Not Constitute Waiver to Assert

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...
Machine Learning to Evaluate Genetic Data Held to be Patent Ineligible

Machine Learning to Evaluate Genetic Data Held to be Patent Ineligible

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...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.