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Post-Grant Review En Banc Review

Foley & Lardner LLP

Full Federal Circuit Set to Consider Changing the Test for Obviousness of Design Patents

Foley & Lardner LLP on

Last week, the Federal Circuit decided to consider, en banc, whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting...more

Goodwin

All Sides Dispute Federal Circuit Decision on PTAB's Constitutionality

Goodwin on

Late in the day on December 16, 2019, three different petitions asked the full Federal Circuit to overturn a panel’s decision that members of the Patent Trial and Appeal Board (PTAB) were appointed in violation of the...more

Mintz - Intellectual Property Viewpoints

Post-Grant Review Chickens Come Home to Roost: The Federal Circuit Clarifies the Effect of Reexamination on Equitable Estoppel and...

The Federal Circuit recently overturned a decision estopping the plaintiff from pursuing its infringement claims in the United States District Court for the Eastern District of Arkansas, and clarified the effect of...more

K&L Gates LLP

Is Inter Partes Review Set for Supreme Court Review?

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In re Cuozzo Speed Tech., LLC presented the Federal Circuit with its first opportunity to address important, open questions about how the Patent Trial and Appeal Board (PTAB) handles its relatively new Inter Partes Review...more

Foley & Lardner LLP

Federal Circuit Upholds Broadest Reasonable Interpretation in Inter Partes Review

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A divided Federal Circuit denied the petition for rehearing en banc that would have required the court to revisit its decision in In re Cuozzo Speed Technologies, LLC (Fed Cir 2015), that upheld the USPTO’s use of the...more

Troutman Pepper

PTAB’s Broadest Reasonable Interpretation Rule Survives Another Challenge (Barely)

Troutman Pepper on

The Court of Appeals for the Federal Circuit denied Cuozzo Speed Technology LLC’s petition for en banc rehearing of a February panel decision affirming the PTAB’s use the so-called broadest reasonable interpretation (BRI)...more

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