by David Maiorana | Mar 1, 2024 | Federal Circuit Appeal, Final Written Decisions, PTAB News, PTAB Trial Basics
By Luke Cipolla and Dave Maiorana – On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360 (Fed....
by Emily Tait | Dec 8, 2023 | Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Evan Jones and Emily Tait – In a recent decision, the Federal Circuit found no abuse of discretion by the Board when it allowed Apple to expand its analogous art contention in its IPR reply, finding that the Board’s decision did not run afoul of the “newness”...
by David Maiorana | Nov 16, 2023 | Federal Circuit, Federal Circuit Appeal, PTAB News
By Dave Maiorana and Megan McKnelly – In a precedential opinion, the Federal Circuit affirmed two Patent Trial and Appeal Board (“PTAB”) patentability decisions, holding that the PTAB did not abuse its discretion by not addressing arguments not clearly presented...
by Matthew Johnson | Nov 9, 2023 | Evidentiary Issues, Federal Circuit Appeal, Final Written Decisions
By Jack Graves and Matt Johnson – In Elekta Limited v. Zap Surgical Systems, Inc., the Federal Circuit recently affirmed a PTAB decision finding certain claims of a patent owned by Elekta Limited (“Elekta”) to be unpatentable, even though the PTAB decision had...
by Carl Kukkonen | Oct 30, 2023 | Amendment Practice, Federal Circuit Appeal, PTAB News
By Carl Kukkonen and Matt Carey – The Federal Circuit in Sisvel International S.A. v. Sierra Wireless, Inc. (Fed. Cir. Sept. 1, 2023) (Prost, Reyna, and Stark) affirmed a PTAB decision finding anticipated and/or obvious certain claims of two patents directed to...
by Matthew Johnson | Sep 7, 2023 | Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – Effective July 24, 2023, the Patent Office updated its procedures for Interim Director Review (“DR”) of PTAB decisions. The updated procedures include the following key provisions: Expanding the process to permit parties to...
