A Petitioner’s Guide: Navigating Uncertainty on PGR Eligibility
By Ashvi Patel and Josh Nightingale - Samsung Electronics Co. (“Samsung”) recently faced the issue of determining whether U.S. Patent No. 11,163,823 (“the ‘823 patent”) is a pre- or post-AIA patent. Hedging its bets, Samsung concurrently filed two petitions—one...
Director Vidal Removes OpenSky and PQA from VLSI IPRs, Orders Sanctions
By Christian Roberts and Matt Johnson - On December 22, 2022, Director Kathi Vidal issued a pair of decisions in the OpenSky v. VLSI saga, dismissing OpenSky Industries LLC (“OpenSky”) and Patent Quality Assurance LCC (“PQA”) from their respective challenges of VLSI...
FWDs Issue in the Nick of Time to Suspend ITC Orders
By Steve Bradley, Emily Tait, and Marc Blackman - After finding that Apple infringed certain AliveCor patents related to wearable devices capable of monitoring a user’s cardiac activity, the International Trade Commission (“ITC”) entered a limited exclusion order and...
Panel Grants Rehearing and Reverses Itself On Patentability
By Ryan Mueller and Lisa Furby - On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996, finding...
Federal Circuit Tables Scrutiny of Rosen under KSR
By John Evans and Jesse Wynn - A recent post flagged LKQ v. GM as a potential watershed moment in design patent validity law, calling into question whether In re Rosen, long-standing obviousness precedent, comports with the Supreme Court’s decision in KSR. Rosen...