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PTAB Not Required to Decode Petitioner Arguments

PTAB Not Required to Decode Petitioner Arguments

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...
Error In Declaration Insufficient To Sink IPR

Error In Declaration Insufficient To Sink IPR

by Marc S. Blackman | Sep 22, 2023 | Federal Circuit, Final Written Decisions

By Marc Blackman – In a precedential opinion, the Court of Appeals for the Federal Circuit vacated a final written decision in which the Patent Trial and Appeal Board (“PTAB”) found that Apple had failed to meet its burden of showing unpatentability due to an...
Insufficient Arguing Below Causes Forfeited Review Above

Insufficient Arguing Below Causes Forfeited Review Above

by Josh Nightingale | Jun 13, 2023 | Federal Circuit

By Adam J. Cook* and Josh Nightingale – Absent exceptional circumstances, the Federal Circuit will generally not consider arguments that a party failed to present in the tribunal under review.  In Netflix, Inc. v. DivX, LLC, the Federal Circuit held that IPR...
Federal Circuit Clarifies Important IPR Estoppel Issues

Federal Circuit Clarifies Important IPR Estoppel Issues

by Josh Nightingale | May 5, 2023 | Estoppel, Federal Circuit

By Josh Nightingale – Under 35 U.S.C. § 315(e)(2), a patent challenger in an inter partes review (IPR) that reaches a final written decision is estopped from arguing in a district court or the ITC that the challenged patent is invalid based on grounds that were...
CAFC Holds Applicant Admitted Prior Art Cannot be the Basis of an IPR Ground

CAFC Holds Applicant Admitted Prior Art Cannot be the Basis of an IPR Ground

by Matthew Johnson | Feb 10, 2022 | Federal Circuit, Prior Art Issues, PTAB News

By Robby Breetz, Christian Roberts, and Matt Johnson – Section 311(b) limits inter partes review to “ground[s] that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.”  35 U.S.C. § 311(b)...
PTAB’s Bait-and-Switch Violated the APA

PTAB’s Bait-and-Switch Violated the APA

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...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.