by John Evans, Ph.D. | Oct 4, 2019 | Design Patents, Federal Circuit Appeal
By Kerry Barrett and John Evans Design patent obviousness requires a heavy threshold burden of proof. Challengers have to find a “primary reference,” i.e., prior art that has “basically the same” design characteristics as the claimed design. Below is an example of...
by Marc S. Blackman | Sep 4, 2019 | Federal Circuit Appeal, Trial Institution
By Marc Blackman In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB’s decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs and proceeded through trial. BioDelivery...
by Matthew Johnson | Jun 6, 2019 | Federal Circuit Appeal
By Geoff Xiao,* Mike Lavine, and Matt Johnson The Federal Circuit recently tightened the standing requirements for an IPR appeal in AVX Corp. v. Presidio Components, Inc., No. 18-1106, 2019 WL 2079178 (Fed. Cir. May 13, 2019). AVX previously challenged the validity of...
by John Kinton | Jun 4, 2019 | Federal Circuit Appeal, PTAB News
By John Kinton As the sayings go, diligence is the mother of good luck, and necessity is the mother of invention. But for patents that fall under the pre-AIA, first-to-invent, system, proving diligence can be a necessity for invention. In ATI Technologies ULS v....
by Matthew Johnson | May 23, 2019 | Federal Circuit Appeal
By Jihong Lou and Matt Johnson Update: The Supreme Court has denied cert in RPX v. ChanBond. In past decisions, the Federal Circuit has made clear that a petitioner appealing a PTAB’s final written decision upholding the patentability of challenged claims after an AIA...
by Cary Miller | Feb 14, 2019 | Federal Circuit Appeal, Pharmaceutical, Standing
By Jihong Lou, Ph.D. and Cary Miller, Ph.D. Article III of the Constitution imposes a “case or controversy” limitation on the jurisdiction of federal courts: an actual case or controversy must exist between the parties at all stages of the federal court proceedings,...
