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The Interplay of Appeals to the Federal Circuit from Both District Court and the PTAB

The recent case involving United Therapeutics' patent on Tyvaso and Liquidia's Yutrepia sheds light on the complexities of patent law. The Federal Circuit's initial infringement finding, followed by the Patent Trial and...more

Patent Invalidation Rates on the Rise at the PTAB

The Patent Trial and Appeal Board (PTAB) has seen a steady increase in the invalidation rate of patents in the past five years, reaching 71% for the first two quarters of 2024. In 2023, challenged claims were invalidated 68%...more

Recent PTAB Decision Involving Wildseed Mobile and Google Includes Rare Dissent

The Patent Trial and Appeal Board (PTAB) recently made a notable pair of decisions invalidating patents held by Wildseed Mobile LLC as obvious over art asserted by Google. Wildseed Mobile, a mobile technology company,...more

What Petitioners and Patent Owners Need to Know About the Scope of IPR Estoppel

Judge Sue L. Robinson of the U.S. District Court for the District of Delaware recently identified a logical fallacy in the “statutory estoppel” jurisprudence with respect to 35 U.S.C. § 315(e)(1). According to the...more

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