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...
by Jennifer Swize | Feb 5, 2019 | Federal Circuit, Joinder, Pharmaceutical
By: Jennifer L. Swize and Daniel Kazhdan 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...
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...
by David Cochran | Aug 31, 2018 | Federal Circuit, PTAB Trial Basics
By: David Anderson and Dave Cochran On August 27, 2018, the Federal Circuit vacated and remanded the PTAB’s finding that claims 1-3, 6-9, and 12-14 of U.S. Patent No. 5,602,831 (“the ’831 Patent”) are not unpatentable under 35 U.S.C. § 103. See Ericsson Inc. v....
by Jennifer Chheda, Ph.D. | Aug 27, 2018 | Federal Circuit, Trial Institution
By: Jennifer J. Chheda, Ph.D and John D. Kinton The Federal Circuit recently denied Power Integrations, Inc.’s (“PI”) attempt to obtain a writ of mandamus to circumvent the bar in 35 U.S.C. § 314(d) to appeal the Patent Trial and Appeal Board’s (“PTAB”) decisions...
by Matthew Johnson | Aug 17, 2018 | Estoppel, Federal Circuit
In Click-To-Call Tech. v. Ingenio, Inc., 2015-1242, slip op. (Fed. Cir. Aug. 16, 2018) (en banc), the Federal Circuit found that the PTAB’s treatment of voluntary dismissal without prejudice of a district court litigation as resetting the IPR...
