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DON’T SAVE THE BEST: FEDERAL CIRCUIT CONFIRMS BROAD IPR ESTOPPEL

DON’T SAVE THE BEST: FEDERAL CIRCUIT CONFIRMS BROAD IPR ESTOPPEL

by Matthew Johnson | Feb 22, 2022 | Estoppel, Federal Circuit Appeal

By Ana Teixeira and Matt Johnson – The patent fight between Caltech and Broadcom/Apple made waves this month when the Federal Circuit vacated the $1.1 billion infringement award that Caltech had won in district court. To PTAB practitioners, however, the sea...
Ho, Ho, No: CAFC Delivers Reversal, Vacatur, and Remand in Christmas Tree Row

Ho, Ho, No: CAFC Delivers Reversal, Vacatur, and Remand in Christmas Tree Row

by Emily Tait | Feb 3, 2022 | Federal Circuit Appeal

By Emily Tait – The Federal Circuit recently issued another decision in a longstanding dispute between Willis Electric Co. and Polygroup Ltd. involving two patents owned by Willis (U.S. Patent Nos. 8,454,186 and 8,454,187) directed to lighted artificial...
Fed. Cir. Rejects PTAB Decision on Mystery Shopper Patent; Returns to Sender

Fed. Cir. Rejects PTAB Decision on Mystery Shopper Patent; Returns to Sender

by Carl Kukkonen | Nov 1, 2021 | Federal Circuit Appeal, Trial Institution

By Carl Kukkonen – The Federal Circuit in AMC Multi-Cinema, Inc. v. Fall Line Patents (Fed. Circ. September 30, 2021, op. 21-1051) held that the PTAB partially abused its discretion when upholding one claim of U.S. Patent No. 9,454,748 for which the patent owner...
Fed. Cir. Rejects New IPR Constitutional Challenges

Fed. Cir. Rejects New IPR Constitutional Challenges

by Jennifer Chheda, Ph.D. | Oct 26, 2021 | Federal Circuit Appeal, PTAB News

By: Jennifer J. Chheda – In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are without...
Fed. Cir. Directs Dismissal of Ex Parte Reexam

Fed. Cir. Directs Dismissal of Ex Parte Reexam

by Jennifer Chheda, Ph.D. | Oct 15, 2021 | Federal Circuit Appeal, PTAB News

By Jennifer Chheda – On September 29, 2021, the Federal Circuit in In re: Vivint, Inc. (Fed. Cir. 2021) held that 35 U.S.C. § 325(d) applies to both inter partes review (IPR) petitions and requests for ex parte reexamination.  Accordingly, the Federal Circuit...
PTAB’s Bait-and-Switch Violated the APA

PTAB’s Bait-and-Switch Violated the APA

by Sarah Geers | Sep 28, 2021 | Federal Circuit, Federal Circuit Appeal, Petitions, PTAB News

By Lisa Furby and Sarah Geers – In Baker Hughes Oilfield v. Hirshfeld, the Federal Circuit held that the PTAB violated the Administrative Procedure Act (“APA”) by finding certain instituted claims obvious on grounds it had indicated in its institution that it...
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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.