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PTAB Forgives MTA Procedural Error

PTAB Forgives MTA Procedural Error

by Matthew Johnson | Aug 5, 2024 | Amendment Practice, Federal Circuit Appeal, Motions Practice, PTAB News

By Tova Werblowsky and Matt Johnson – The Federal Circuit affirmed in part, reversed-in-part and remanded-in-part the Board’s decision in the inter partes review of U.S. Patent No. 8,265,096 (the “’096 patent”), and affirmed the Board’s decision as to the cross...
LKQ v. GM:  PTAB and Examiner Guidance on Design Patent Obviousness from USPTO

LKQ v. GM: PTAB and Examiner Guidance on Design Patent Obviousness from USPTO

by Matthew Johnson | Jun 19, 2024 | Design Patents, Federal Circuit Appeal, Prior Art Issues

By John Evans, Jesse Wynn, and Erin Bies* – Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit.  In its May 21, 2024 decision, the court overruled the long-standing Rosen-Durling...
Fees Incurred in Voluntary Parallel IPR Unrecoverable

Fees Incurred in Voluntary Parallel IPR Unrecoverable

by Lisa Furby | Jun 10, 2024 | Federal Circuit Appeal

By Lisa Furby, Zachary Marshall-Carter, and Matt Johnson – On May 20, the Federal Circuit held fees incurred in voluntary parallel IPR proceedings were not recoverable under 35 U.S.C. § 285.  Dragon Intell. Prop. LLC v. DISH Network L.L.C., No. 2022-1621, slip...
Federal Circuit Finds Application of Printed Matter Doctrine Too Expansive

Federal Circuit Finds Application of Printed Matter Doctrine Too Expansive

by Matthew Johnson | May 31, 2024 | Claim Construction, Federal Circuit Appeal, PTAB News, PTAB Trial Basics

By Chris Dorsett and Lisa Furby – During an inter partes review (IPR) initiated by Ingenico, the PTAB found certain claims from three patents held by IOEngine to be unpatentable. The patents at issue are directed to secure communications for portable devices...
En Banc Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

En Banc Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

by John Evans, Ph.D. | May 23, 2024 | Design Patents, Federal Circuit Appeal, PTAB News

By John Evans and Jesse Wynn – The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.”  LKQ v. GM,...
“Known” Claim Elements Alone Insufficient for Motivation to Combine

“Known” Claim Elements Alone Insufficient for Motivation to Combine

by Matthew Johnson | Apr 19, 2024 | Federal Circuit Appeal, Prior Art Issues, PTAB News, PTAB Trial Basics

By Phil Shelton, Sue Gerber, and Matt Johnson – In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (“PTAB”) decision in holding that certain claims of the Virtek patent (U.S. Patent No. 10,052,734) were unpatentable as...
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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.