Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Is Evidence of Obviousness Always Required?

In K/S HIMPP v. Hear-Wear Technologies, LLC, the Federal Circuit affirmed the decision of the Patent Trial and Appeal Board (PTAB) that upheld the decision of the Central Reexamination Unit Examiner that refused to hold...more

6/13/2014 - Inter Partes Review Proceedings Obviousness Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents USPTO

Federal Circuit Finds Consumer Watchdog Lacks Standing to Appeal Reexamination Decision Upholding WARF Stem Cell Patent

In Consumer Watchdog v. Wisconsin Alumni Research Foundation, the Federal Circuit held that an inter partes reexamination requester must establish an injury in fact sufficient to confer Article III standing in order to appeal...more

6/6/2014 - America Invents Act Appeals Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review Stem cells WARF

Court Won't Review USPTO Denial of Inter Partes Review

In a decision issued on April 18, 2014, Judge Payne of the U.S. District Court for the Eastern District of Virginia granted the USPTO’s motion to dismiss the case brought by Dominion Dealer Solutions, LLC to challenge the...more

4/21/2014 - Inter Partes Review Proceedings Patent Litigation Patents USPTO

Dominion Dealer Solutions Seeks Review of USPTO Decisions Denying Inter Partes Review

On October 15, 2013, Dominion Dealer Solutions, LLC filed a complaint in the U.S. District Court for the Eastern District of Virginia seeking review of the USPTO’s decisions denying petitions to institute inter partes review...more

11/1/2013 - America Invents Act Inter Partes Review Proceedings Patent Reform Patents Post-Grant Review USPTO

USPTO Rules Eliminate Inter Partes Review Dead Zone

On March 25, 2013, the USPTO published final rule changes to “Implement the Technical Corrections to the Leahy-Smith America Invents Act as to Inter Partes Review.” The rule changes have an effective date of March 25, 2013,...more

4/5/2013 - America Invents Act Inter Partes Review Proceedings Patent Reform Patents Post-Grant Review USPTO

A Look at the Technical Amendments to the America Invents Act (AIA) Made by HR 6621

On January 14, 2013, President Obama signed HR 6621 into law. The title of HR 6621 is “To correct and improve certain provisions of the Leahy-Smith America Invents Act,” but it also makes changes to other provisions of U.S....more

2/7/2013 - America Invents Act Derivation Proceeding Inter Partes Review Proceedings Interference Claims Interference Proceeding Patent Reform Patent Term Adjustment Patents USPTO

USPTO Board Holds That Complaint Dismissed Without Prejudice Does Not Bar Inter Partes Review

In a decision granting (in part) a Request for Inter Partes Review, the USPTO Patent Trial and Appeal Board (PTAB) held that an infringement complaint that was dismissed without prejudice did not bar the Request for Inter...more

2/5/2013 - Infringement Inter Partes Review Proceedings Patent Trial and Appeal Board Patents USPTO

Federal Circuit Holds the Reexamination Door Open in In Re Baxter

When the Federal Circuit denied the Request for Panel Rehearing and Rehearing en banc in In re Baxter, the court let stand its two decisions that affirmed conflicting rulings on the validity of the same patent....more

11/30/2012 - Inter Partes Review Proceedings Obviousness Patents Split of Authority

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