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Federal Circuit Clarifies Independent Conception Standard for AIA Derivation

Federal Circuit Clarifies Independent Conception Standard for AIA Derivation

by Matthew Johnson | Sep 24, 2025 | PTAB News, PTAB Trial Basics

By Kate Meng and Sarah Geers – More than a decade after the enactment of the America Invents Act (AIA), the Federal Circuit has issued its first opinion addressing an AIA derivation proceeding. In Global Health Solutions LLC v. Selner, the court clarified that...
All Grounds Must Be Addressed in Final Written Decision

All Grounds Must Be Addressed in Final Written Decision

by Matthew Johnson | Sep 5, 2025 | Federal Circuit Appeal, Final Written Decisions, PTAB News

By: Daniel C. Sloan and Matt Johnson – On July 29, 2025, Chief Administrative Patent Judge Scott R. Boalick circulated a memorandum to Members of the PTAB entitled “Final Written Decision Procedures for AIA Trial Proceedings.”  Absent extraordinary...
Federal Circuit: RPI Arguments Must First Be Raised at the PTAB

Federal Circuit: RPI Arguments Must First Be Raised at the PTAB

by Tom Ritchie | Jun 25, 2025 | Federal Circuit, PTAB News, Real Party in Interest

By Em Towers and Tom Ritchie – Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS] The Federal Circuit affirmed the PTAB’s Final...
Federal Circuit: Plans for Future Activity Created a Substantial Risk of Future Infringement

Federal Circuit: Plans for Future Activity Created a Substantial Risk of Future Infringement

by Tom Ritchie | Jun 13, 2025 | Uncategorized

By Ryan Camp and Tom Ritchie – Restem, LLC v. Jadi Cell, LLC (Fed. Cir. Mar. 4, 2025) (Moore, Schall, and Taranto) (on appeal from Patent Trial and Appeal Board) [INHERENT ANTICIPATION, CLAIM CONSTRUCTION, STANDING] Restem filed a petition for inter partes...
Federal Circuit Reverses District Court’s Application Of Collateral Estoppel

Federal Circuit Reverses District Court’s Application Of Collateral Estoppel

by Matthew Johnson | Apr 11, 2025 | Estoppel, Federal Circuit

By Zac Hardy and Matt Johnson – Kroy IP Holdings, LLC sued Groupon, Inc., alleging infringement of 13 claims of U.S. Patent No. 6,061,660 (“’660 patent’), which relates to incentive programs over computer networks.  Those claims were invalidated via successful...
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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.