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Estoppel Estopped for Remanded Claims

Estoppel Estopped for Remanded Claims

by Matthew Johnson | Jan 19, 2021 | Estoppel, Federal Circuit Appeal

By Marlee Hartenstein and Matt Johnson – In General Access Sols., Ltd. v. Sprint Spectrum, et al., No. 2:20-cv-00007-RWS, ECF No. 128 (E.D. Tex. Dec. 1, 2020), the Eastern District of Texas denied a motion to strike invalidity defenses as barred by IPR estoppel...
BREAKING: Arthrex Headed to the Supreme Court

BREAKING: Arthrex Headed to the Supreme Court

by Matthew Johnson | Oct 13, 2020 | Federal Circuit Appeal, PTAB News

By Matt Johnson – On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for briefing and argument.  The questions to be presented are as follows: 1. Whether, for...
PTAB Reconsiders Unappealable § 315(b) Issue On Remand

PTAB Reconsiders Unappealable § 315(b) Issue On Remand

by Matthew Johnson | Oct 2, 2020 | Federal Circuit Appeal, Time Limits

By Matt Johnson – Current PTAB-relevant case law dictates: 35 U.S.C. § 315(b) “unambiguously precludes the Director from instituting an IPR if the petition seeking institution is filed more than one year after the petitioner, real party in interest, or privy of...
IPR Petitioners Ineligible for Arthrex Relief

IPR Petitioners Ineligible for Arthrex Relief

by John Marlott | May 13, 2020 | Federal Circuit Appeal, PTAB News

By Nate Andrews, John Marlott, Dave Maiorana, and John Evans On May 5, 2020 the Federal Circuit formally barred petitioners from seeking Arthrex remands.  The Court issued a precedential order clarifying that only qualifying patent owners may seek the Arthrex remedy. ...
ARTHREX UPDATE: In a Sea of Remands, PTAB Tosses Itself a Lifeline

ARTHREX UPDATE: In a Sea of Remands, PTAB Tosses Itself a Lifeline

by Pablo Hendler | May 12, 2020 | Federal Circuit Appeal, PTAB News

By Pablo Hendler – On May 1, 2020, the PTAB’s Chief Administrative Patent Judge Scott R. Boalick issued a General Order holding in administrative abeyance more than 100 matters and “any other matters remanded by the Federal Circuit under Arthrex.” As was...
Fed. Cir.: Threat of Suit Over Past Infringement Confers Standing

Fed. Cir.: Threat of Suit Over Past Infringement Confers Standing

by Albert Liou | May 6, 2020 | Federal Circuit Appeal

By Albert Liou – The Federal Circuit’s April 30, 2020 decision in Grit Energy Solutions, LLC v. Oren Technologies, LLC, No. 2019-1063, held that a former patent infringement defendant who had sold off the allegedly infringing product line and obtained a...
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