by David Maiorana | Jan 25, 2017 | Federal Circuit Appeal, Final Written Decisions
By Dave Maiorana Since enactment of the AIA and the start of the new post-grant review proceedings at the USPTO, practitioners have speculated on the interaction between the PTAB and the courts. Yes, AIA post-grant proceedings were expressly intended to be lower-cost...
by David Cochran | Jan 17, 2017 | Federal Circuit Appeal
By Rich Graham and Dave Cochran On January 9, 2017, the United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued a decision in Phigenix, Inc. v. ImmunoGen, Inc., No. 2016-1544 (Fed. Cir. Jan. 9, 2017) establishing the legal standard for...
by Carl Kukkonen | Jan 10, 2017 | Claim Construction, Federal Circuit Appeal
By Lin Yu Ph.D. and Carl Kukkonen In D’Agostino v. MasterCard Int’l Inc. 2016-1592 & 2016-1593, the Federal Circuit vacated the Patent Trial and Appeal Board invalidation decisions in two related inter partes review proceedings, holding that the Board’s claim...
by Matthew Johnson | Jan 4, 2017 | Federal Circuit Appeal, Real Party in Interest, Time Limits, Trial Institution
By Matt Johnson Today the Federal Circuit agreed to rehear en banc the panel decision in Wi-Fi One v. Broadcom Corp. on the issue of whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal. This question tests the...
by David Maiorana | Dec 15, 2016 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues
By Dave Maiorana The Federal Circuit In In re: NuVasive, Inc. vacated and remanded the Patent Trial and Appeal Board’s finding that NuVasive’s claims are unpatentable in IPR2013-00506. The court held that it was unable to review the PTAB’s obviousness findings...
by John Marlott | Dec 13, 2016 | Amendment Practice, Federal Circuit Appeal
By John Marlott As we reported earlier (link), the en banc Federal Circuit is currently considering two important questions involving the PTO’s rules for claim amendments and the PTAB’s handling of motions to amend during IPR proceedings, In re: Aqua Products, Inc.,...
