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Judge Dyk Says Arthrex Remedy is Unnecessary

Judge Dyk Says Arthrex Remedy is Unnecessary

by Matthew Johnson | Nov 11, 2019 | Federal Circuit, PTAB News

By Nate Andrews and Matt Johnson Judge Dyk and Judge Newman disagree with the Arthrex remedy requiring rehearing.  In Arthrex, the Federal Circuit panel of Judges Moore, Reyna, and Chen held the appointment of Administrative Patent Judges (APJs) was an...
New Theories Not Permitted In IPR Reply Brief

New Theories Not Permitted In IPR Reply Brief

by Kenneth Luchesi | Oct 10, 2019 | Federal Circuit

By Kenny Luchesi In Henny Penny Corp. v. Frymaster L.L.C., No. IPR2016-01435, (P.T.A.B. Mar. 16, 2017), the petitioner (HPC) challenged certain claims of U.S. Patent No. 8,497,691, owned by HPC’s competitor, Frymaster. The ’691 patent relates to deep fryers, and is...
Patent Owner in Standard-Essential Patent Pool Has Standing to Appeal

Patent Owner in Standard-Essential Patent Pool Has Standing to Appeal

by Matthew Johnson | Aug 1, 2019 | Federal Circuit, Prior Art Issues, Standing

By Elizabeth Dengler,* Mike Lavine, Jihong Lou, Matthew Johnson Samsung Electronics Co., Ltd. (“Samsung”) petitioned for inter partes review (“IPR”) of U.S. Patent No. 8,917,772 (“the ‘772 Patent”), which is owned by Infobridge and is directed to encoding and decoding...
Supreme Court Will Decide Whether “All the Expenses” Includes “Attorneys’ Fees”

Supreme Court Will Decide Whether “All the Expenses” Includes “Attorneys’ Fees”

by Greg Castanias | Mar 6, 2019 | Federal Circuit, PTAB News

By Gregory A. Castanias, Daniel Kazhdan, and Jihong Lou As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys...
Joined Parties Have Statutory Standing To Appeal

Joined Parties Have Statutory Standing To Appeal

by Jennifer Swize | Feb 5, 2019 | Federal Circuit, Joinder, Pharmaceutical

By: Jennifer L. Swize In Friday’s decision in Mylan Pharmaceuticals Inc. v. Research Corp. Technologies, Inc., No. 17-2088 (Fed. Cir. Feb. 1, 2019), the Federal Circuit held that a time-barred petitioner that is joined into a case has an independent right to appeal an...
No Motivation to Combine May Not End the Obviousness Inquiry

No Motivation to Combine May Not End the Obviousness Inquiry

by David Cochran | Feb 4, 2019 | Federal Circuit, PTAB Trial Basics

By Kait Crowder and Dave Cochran In Polygroup Limited MCO v. Willis Electric Company, Ltd., the Federal Circuit reversed and remanded the PTAB’s findings of patentability in light of several obviousness arguments presented by the petitioner, concluding that the PTAB...
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