News & Analysis as of

Administrative Appeals Patent Applications

Fitch, Even, Tabin & Flannery LLP

Patent Applicants May Lose Rights by Causing Too Much Delay

On June 1, in Hyatt vs Hirshfeld, the Federal Circuit upheld the USPTO’s decision to reject a patent application for prosecution laches, based on delay by the applicant. The decision details behaviors that, while likely...more

Knobbe Martens

Federal Circuit Review - November 2019

Knobbe Martens on

The Appointments Clause: Ensuring That PTAB Decisions Are Subject to Constitutional Checks and Balances  In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 18-2251, the Federal Circuit ruled that, under the then-existing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The Goods on IP - July 2018: Clearing up Conjunctive Claim Construction: PTAB Guidance on the Use of "At Least One Of"

The phrase “at least one of” is used in claims to indicate selection from a group of elements that follows the phrase. When used, practitioners may grapple with whether “at least one of A and B” or “at least one of A or B” is...more

Knobbe Martens

Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

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In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex...more

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