Dell Inc. v. Acceleron, LLC (“Dell II”), No. 2017-1101 (Fed. Cir. Mar. 9, 2018) - On Tuesday, the Federal Circuit issued a precedential decision affirming the Board’s refusal to consider new arguments that had been made...more
Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party in an inter partes review proceeding may not present new evidence or arguments at oral...more
Clare v. Chrysler Group LLC (No. 2015-1999, 3/31/16) (Prost, Moore, Wallach) - Moore, J. Affirming summary judgment of non-infringement of patents related to storage compartment for pickup trucks. The Court rejected...more
On March 15, 2016, the U.S. Court of Appeals for the Federal Circuit held that the Administrative Procedures Act (APA) places constraints on when petitioners may present evidence and arguments against the patentability of...more
Addressing the issue of estoppel and joinder, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) denied a petitioner’s challenge, finding the petitioner was estopped from requesting the additional...more
Dell, Inc. v. Electronics & Telecommunications Research Institute, IPR2015-00549, Paper 10 (P.T.A.B. Mar. 26, 2015) - The Board recently added a decision denying inter partes review in Dell, Inc. v. Electronics &...more
Addressing the issue of anticipation in the context of an inter partes review (IPR), the U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (Board) rejected a petitioner’s anticipation challenge,...more