News & Analysis as of September 23, 2024

America Invents Act › Dismissals

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Mylan Labs. Ltd v. Janssen Pharmaceutica, N.V.,...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/17/2022

Mylan appealed from a Patent Trial and Appeal Board (Board) discretionary denial of institution of an inter partes review (IPR) proceeding. The Board declined to institute Mylan’s IPR under NHK-Fintiv, a multi-factor analysis...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/9/2022

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Prosecution History Prevents Patent Owner from “Intercepting” Win on Appeal

McDermott Will & Emery on 5/20/2021

In reviewing whether the Patent Trial & Appeal Board (Board) correctly interpreted the meaning of “intercepting” in the context of Voice over Internet Protocol (VoIP) technology, the US Court of Appeals for the Federal...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/3/2021

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Constitutional Issues Arising From PTAB Decisions Must Be Appealed to the Federal Circuit

Knobbe Martens on 8/27/2020

SECURITY PEOPLE, INC. v. IANCU - Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California - Summary: Congress foreclosed the possibility of...more

Latest Federal Court Cases - August 2020 #2

Schwabe, Williamson & Wyatt PC on 8/25/2020

PATENT CASE OF THE WEEK - Security People, Inc. v. Iancu, Appeal No. 2019-2118 (Fed. Cir. Aug. 20, 2020) - This week’s Case of the Week deals with whether a party can challenge the outcome of an inter partes review...more

Uniloc 2017 LLC v. Hulu, LLC (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on 7/27/2020

Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims. The appeal raises issues of finality...more

No Competitor Standing for Appeal of IPR Decision Upholding Claims

McDermott Will & Emery on 9/6/2019

Again addressing the question of appellate standing for inter partes review (IPR) decisions, the US Court of Appeals for the Federal Circuit held that an IPR petitioner did not show a sufficient injury to confer Article III...more

PTAB Strategies and Insights - November 2018: Timing is Everything for Discretionary Denial

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/5/2018

A recent trend at the PTAB has shown timing is everything, and bad timing is held against Petitioner when considering discretionary denial....more

Supreme Court and Precedential Federal Circuit Patent Cases

Schwabe, Williamson & Wyatt PC on 6/5/2017

The Supreme Court’s ruling in Impression Products v. Lexmark will force patentees to get what they can in their initial sale or licensing of patented products in both the U.S. and abroad, knowing that they will have to rely...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 5/17/2017

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more

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