Secondary Considerations Carry The Day
By Dave Maiorana We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations of non-obviousness were sufficient to outweigh a prima facie...
Are Inter Partes Review Proceedings Constitutional? The Federal Circuit Is Not Yet Ready To Decide
By Greg Castanias, Sasha Mayergoyz, and Stuart Yothers On May 11, 2017, with six of its twelve active judges authoring or joining separate opinions, the Federal Circuit denied a petition for an initial hearing en banc which asked the full Court to address the question...
Federal Circuit Holds That Statements Made In IPRs Can Lead To Prosecution Disclaimer
In Aylus Networks, Inc. v. Apple, Inc., No. 16-1599 (Fed. Cir. May 11, 2017) (“Federal Circuit Op.”), the Federal Circuit affirmed the district court’s decision that Apple did not infringe Aylus’s patents. See Aylus Networks, Inc. v. Apple Inc., No. 13-cv-04700-EMC,...
En Banc Federal Circuit Poised To Decide Important Question Concerning PTAB Appeals
By John Marlott The en banc Federal Circuit is currently considering whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar on IPR petitions can be reviewed on appeal. In Wi-Fi One v. Broadcom Corp, the en banc Court is set to decide the following...
Federal Circuit Holds Objective Indicia Must Be Linked to Novel Features
By J. Jason Williams and J. Patrick Elsevier, Ph.D. In Novartis AG v. Torrent Pharms. Ltd. (2016-1352), the Federal Circuit affirmed the PTAB’s decision in consolidated IPR proceedings (IPR2014-00784, IPR2015-00518) invalidating all claims of U.S. Patent 8,324,283. In...