by Doug Pearson | Dec 5, 2016 | Federal Circuit Appeal, Prior Art Issues
By Doug Pearson In a decision dated November 15, 2016, the Court of Appeals for the Federal Circuit vacated and remanded the PTAB’s decision in IPR2014-00233, in which the Board found (i) that Perfect Surgical Techniques, Inc. (“PST”), owner of U.S. Patent No....
by Carl Kukkonen | Dec 2, 2016 | CBMs, Federal Circuit Appeal, Patent Eligible Subject Matter
By Carl Kukkonen and Stephanie Brooker On November 29, 2016, in Apple Inc. v. Ameranth, Inc. 15-1703, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) findings of unpatentable independent claims in a Covered Business Method (CBM) review and...
by Joe Sauer | Nov 25, 2016 | Federal Circuit Appeal, Standing, Trial Institution
By Joe Sauer In a November 17, 2016 non-precedential decision, a Federal Circuit panel again considered whether its holding in Achates Reference Publishing, Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015) remains binding in view of the Supreme Court’s ruling in...
by Matthew Johnson | Nov 18, 2016 | Evidentiary Issues, Federal Circuit Appeal
By Matt Johnson On Nov. 8, the Federal Circuit reversed a PTAB decision to exclude certain allegedly hearsay Reg Synthetic evidence submitted in an attempt to antedate a prior art reference because the Circuit panel found that the evidence was not submitted for the...
by Jones Day's PTAB Team | Nov 14, 2016 | Federal Circuit Appeal, PTAB Trial Basics
By: Tom Ritchie The Federal Circuit vacated the Patent Trial and Appeal Board’s decision in IPR2013-508 after finding that its refusal to allow NuVasive, the patent owner, to respond to factual matters violated the Administrative Procedure Act (APA). In re: ...
by John Marlott | Nov 8, 2016 | Amendment Practice, Federal Circuit Appeal
By John Marlott Claim amendments in IPRs are statutorily authorized by the AIA. 35 U.S.C. § 316(d)(1) provides that “[d]uring an inter partes review instituted under this chapter, the patent owner may file 1 motion to amend the patent in 1 or more of the following...
