News & Analysis as of

Exclusive Jurisdiction Patent Trial and Appeal Board

Akin Gump Strauss Hauer & Feld LLP

Patent Owner Granted Leave in IPR to Seek Correction of Claims Held Indefinite in Parallel District Court Litigation

The Patent Trial and Appeal Board recently granted a patent owner’s request to seek a certificate of correction for certain claims of a patent undergoing an inter partes review (“IPR”). In granting the request, the board...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 17-21): Can Patent Owners Set Aside Adverse PTAB Decisions in District Court APA...

Last week, the Court did not have many precedential decisions as Washington, D.C., COVID-19 or not, was in its usual August slowdown. Unlike the previous two weeks where we touched upon non-patent issues, we return (kind of,...more

Knobbe Martens

No Appeal of PTAB’s Final Decision by Appealing a District Court’s Adoption of That Decision

Knobbe Martens on

PERSONAL AUDIO, LLC v. CBS CORPORATION - Before Moore, Reyna, and Taranto.  Appeal from the United States District Court for the Eastern District of Texas. Summary: The Federal Circuit has exclusive jurisdiction to hear...more

Knobbe Martens

The PTAB Cannot Approve or Deny Certificates of Correction

Knobbe Martens on

HONEYWELL INTERNATIONAL, INC. v. ARKEMA INC., ARKEMA FRA NCE - Before Newman, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board - Summary: The Patent Trial and Appeal Board (“Board”) does not have the...more

WilmerHale

Federal Circuit Patent Updates - September 2018

WilmerHale on

Hyatt v. Pato (No. 2017-1722, 9/24/18) (Reyna, Wallach, Hughes) - Hughes, J. Reversing dismissal for lack of subject matter description stating, “the exclusive jurisdiction of this court and the Eastern Virginia district...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Hears Argument in CRISPR Patent Priority Dispute

Today, the U.S. Court of Appeals for the Federal Circuit heard argument in University of California v. Broad Institute on whether the Patent Trial and Appeal Board (PTAB) correctly held that both the University of California...more

Faegre Drinker Biddle & Reath LLP

Ask Permission, Not Forgiveness: PTAB Authorization Required Before Filing Anything With Patent Office, Even Before Trial Is...

To fix clerical or typographical errors, patent owners typically file a request for a certificate of correction with the U.S. Patent and Trademark Office (USPTO). However, during an inter partes review (IPR) proceeding, the...more

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