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Chief Judge Signals Changes May Be Coming for the Ordinary Observer Test

Chief Judge Signals Changes May Be Coming for the Ordinary Observer Test

by John Evans, Ph.D. | Mar 12, 2026 | Design Patents, Federal Circuit

By Adam Cook and John Evans – On February 2, 2026, a split Federal Circuit panel affirmed summary judgment of no design-patent infringement issued by a Maine federal court.  Range of Motion Prods., LLC v. Armaid Co. Inc., No. 2023-2427, 2026 WL 261890 (Fed. Cir....
Federal Circuit: RPI Arguments Must First Be Raised at the PTAB

Federal Circuit: RPI Arguments Must First Be Raised at the PTAB

by Tom Ritchie | Jun 25, 2025 | Federal Circuit, PTAB News, Real Party in Interest

By Em Towers and Tom Ritchie – Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS] The Federal Circuit affirmed the PTAB’s Final...
Federal Circuit Reverses District Court’s Application Of Collateral Estoppel

Federal Circuit Reverses District Court’s Application Of Collateral Estoppel

by Matthew Johnson | Apr 11, 2025 | Estoppel, Federal Circuit

By Zac Hardy and Matt Johnson – Kroy IP Holdings, LLC sued Groupon, Inc., alleging infringement of 13 claims of U.S. Patent No. 6,061,660 (“’660 patent’), which relates to incentive programs over computer networks.  Those claims were invalidated via successful...
Federal Circuit Remands Based On Inadequate Explanation

Federal Circuit Remands Based On Inadequate Explanation

by Matthew Johnson | Feb 11, 2025 | Federal Circuit, PTAB News

By Parth Matalia and Matt Johnson – Palo Alto Networks (PAN) filed a petition for inter partes review of Centripetal Networks’ patent—U.S. Patent No. 10,530,903—which is directed to a computing system for correlating packets in communication networks with a...
When Is a Published Patent Application Prior Art in an IPR?

When Is a Published Patent Application Prior Art in an IPR?

by Matthew Johnson | Jan 23, 2025 | Federal Circuit, Prior Art Issues, PTAB News, PTAB Trial Basics

By Adam J. Cook and Michael Oblon – On appeal from an inter partes review (“IPR”), the Federal Circuit held that, under pre-America Invents Act (“pre-AIA”) law, a published patent application is prior art as of its filing date as opposed to its later date of...
IPR Estoppel in Action

IPR Estoppel in Action

by Matthew Johnson | Jun 28, 2024 | District Court, Estoppel, Federal Circuit, PTAB News

By Sabrina Bellantoni and Matt Johnson – Recently, District Court Judge Thomas S. Zilly in the Western District of Washington granted Ironburg Inventions Ltd.’s (“Ironburg”) motion for inter partes review (“IPR”) estoppelpursuant to 35 U.S.C. § 315(e)(2), which...
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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.