CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC -
Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s refusal to consider presented arguments and evidence can be a...more
NETWORK-1 TECHNOLOGIES, INC. v. HEWLETT-PACKARD COMPANY, HEWLETT PACKARD ENTERPRISE COMPANY -
Before Prost, Newman, and Bryson. Appeal from the United States District Court for the Eastern District of Texas.
Summary: A...more
9/25/2020
/ § 315(b) ,
§315(e) ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Judgment As A Matter Of Law ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Printed Publications ,
Prior Art
The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district court is set to determine the patent validity prior to the...more
8/26/2020
/ §314(a) ,
Apple ,
Denial of Institution ,
Inter Partes Review (IPR) Proceeding ,
Parallel Proceedings ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Precedential Opinion ,
Trial Practice Guidance
Before Moore, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board -
Summary: Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight...more
Federal Circuit Summary -
Before Newman, O’Malley, and Chen. Appeal from the PTAB.
Summary: Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication...more
12/11/2018
/ America Invents Act ,
Appeals ,
Appellate Record ,
Collateral Estoppel ,
Failure To Preserve ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patents ,
Pre-AIA Patents ,
Printed Publications ,
Retroactive Application ,
Rule 36
Federal Circuit Summaries -
Before Dyk, O’Malley, and Wallach. Appeal from the PTAB.
Summary: A priority claim must be explicitly stated in the patent and cannot be incorporated by reference from an earlier patent. ...more