by Lisa Furby | Jun 10, 2024 | Federal Circuit Appeal
By Lisa Furby, Zachary Marshall-Carter, and Matt Johnson – On May 20, the Federal Circuit held fees incurred in voluntary parallel IPR proceedings were not recoverable under 35 U.S.C. § 285. Dragon Intell. Prop. LLC v. DISH Network L.L.C., No. 2022-1621, slip...
by Matthew Johnson | May 31, 2024 | Claim Construction, Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Chris Dorsett and Lisa Furby – During an inter partes review (IPR) initiated by Ingenico, the PTAB found certain claims from three patents held by IOEngine to be unpatentable. The patents at issue are directed to secure communications for portable devices...
by John Evans, Ph.D. | May 23, 2024 | Design Patents, Federal Circuit Appeal, PTAB News
By John Evans and Jesse Wynn – The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.” LKQ v. GM,...
by Matthew Johnson | Apr 19, 2024 | Federal Circuit Appeal, Prior Art Issues, PTAB News, PTAB Trial Basics
By Phil Shelton, Sue Gerber, and Matt Johnson – In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (“PTAB”) decision in holding that certain claims of the Virtek patent (U.S. Patent No. 10,052,734) were unpatentable as...
by David Maiorana | Mar 1, 2024 | Federal Circuit Appeal, Final Written Decisions, PTAB News, PTAB Trial Basics
By Luke Cipolla and Dave Maiorana – On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360 (Fed....
