by Joe Sauer | Aug 15, 2018 | Federal Circuit Appeal
By: Patricia Ochman and Joe Sauer On August 3, 2018, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal from the USPTO Patent Trial and Appeal Board (PTAB) in JTEKT Corporation v. GKN Automotive Ltd. on the basis that the appellant lacked...
by David Maiorana | Aug 9, 2018 | Federal Circuit Appeal, Prior Art Issues
By: David Anderson and Dave Maiorana On July 27, 2018, the Federal Circuit reversed the PTAB’s finding that Petitioner GoPro, Inc. failed to establish the public availability of an alleged prior art printed publication. GoPro, Inc. v. Contour IP Holding LLC, __ F....
by Greg Castanias | Jul 31, 2018 | Federal Circuit Appeal, Pharmaceutical
By: Gregory A. Castanias and Daniel Kazhdan Last Friday, the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018). The Court held, by a 7-4 vote (Judge Chen, the former PTO Solicitor, was recused), that if the...
by Marc S. Blackman | Jul 26, 2018 | Federal Circuit Appeal, PTAB News
By: Marc S. Blackman, Lisa L. Furby, and John Normile The Federal Circuit, in a matter of first impression, has ruled that tribal sovereign immunity does not apply to inter partes review (“IPR”) proceedings. Allergan, the maker of Restasis, a chronic...
by Matthew Johnson | Jun 5, 2018 | Federal Circuit, Federal Circuit Appeal
By: Dan Kazhdan and Matt Johnson We have previously discussed the ramifications of the Supreme Court’s decision in SAS Institute, Inc. v. Iancu, which held that the PTAB cannot institute an IPR on only some of the petitioned claims. One open question was what the...
by Emily Tait | May 28, 2018 | Federal Circuit Appeal, Prior Art Issues
By: Emily Tait The Federal Circuit’s recent decision in Apator Miitors ApS v. Kamstrump A/S, No. 2017-1681 (Fed. Cir. Apr. 17, 2018) (Moore, joined by Linn and Chen) serves as another reminder to sufficiently corroborate inventor testimony when attempting to swear...
