News & Analysis as of

Patents Prior Art Oral Argument

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

PTAB Strategies and Insights - September 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Argument in Minerva Surgical Inc. v. Hologic, Inc.

The Supreme Court heard oral argument last week in Minerva Surgical Inc. v. Hologic, Inc. over the issue of assignor estoppel. As a reminder, the case arose in an infringement suit over U.S. Patent Nos. 6,782,183 and...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Hears Oral Argument on Motions in Interference No. 106,115

On Monday, the Patent Trial and Appeal Board (PTAB) heard oral argument (remotely) from Senior Party the Broad Institute (and its partners as Senior Party, Harvard University and MIT) and Junior Party the University of...more

Jones Day

PTAB Grants Rare Request For Live Witness Testimony In IPR

Jones Day on

While PTAB proceedings are ordinarily decided “on the papers,” in certain rare cases the Board will permit live witness testimony at the oral hearing. The Board’s precedential decision in K-40 v. Escort explains that...more

McDermott Will & Emery

Dropping Appeal on the Eve of Oral Argument Leads to Preclusion of Another

Addressing the applicability of issue preclusion in inter partes review (IPR) proceedings, the US Court of Appeals for the Federal Circuit found that a patent owner’s arguments on appeal were precluded based on similar...more

WilmerHale

What High Court Will Consider in Helsinn On-Sale Bar Case

WilmerHale on

The U.S. Supreme Court may soon resolve an issue that has sparked much debate since the enactment of the Leahy-Smith America Invents Act — namely, whether under the AIA, an inventor’s sale of an invention to a third party...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - In re Power Integrations, Inc., Appeal No. 17-1304 (Fed. Cir. 2018) - In In re: Power Integrations, Inc., the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) rejection of a...more

Knobbe Martens

Dell Inc. v. Acceleron, LLC

Knobbe Martens on

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

Schwabe, Williamson & Wyatt PC

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

In both HTC v. Cellular and Microsoft v. Biscotti, the Circuit affirms rare IPR determinations that all of the claims of the patents at issue are not invalid. In Travel Sentry v. Tropp, the Circuit vacates summary judgment in...more

Jones Day

PTAB Denies Untimely Request to Stay Pending Reexaminations

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In Juniper Networks, Inc. v. Chrimar Systems, Inc., IPR2016-01389, Paper 62 (PTAB Sept. 12, 2017), the PTAB denied Petitioner’s request to stay two reexaminations of patents that were also the subject of pending IPR...more

Morris James LLP

Claims Regarding User Interface Systems And Methods For Cars Are Held Invalid

Morris James LLP on

The disputed technology relates to user interface systems and methods for a vehicle. The parties agreed during oral argument that construction of the term “page” is the only matter at issue for determining whether a...more

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