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...
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...
by Albert Liou | Sep 17, 2021 | Federal Circuit, Federal Circuit Appeal, Prior Art Issues
By Albert Liou – In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that is not often...
by John Evans, Ph.D. | Aug 11, 2021 | Federal Circuit Appeal
By John Evans, Dave Maiorana, and Steven Nosco* – This is a follow up to our earlier post about the fallout from the Supreme Court’s June 21, 2021 decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal...
by Matthew Johnson | Jul 28, 2021 | Federal Circuit Appeal, Petitions
By Albert Liou – The Federal Circuit’s recent decision in Microsoft Corporation v. FG SRC, LLC, No. 2020-1928 (Fed. Cir. June 17, 2021), is a stark reminder that an IPR petitioner must always set forth its grounds in its petition with particularity. In the...
by John Evans, Ph.D. | Jul 19, 2021 | Federal Circuit Appeal, PTAB News
By John Evans, Dave Maiorana, and Steven Nosco* – On June 21, 2021, the Supreme Court issued a decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal officer” authority in their final written...
