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Broader Reading of IPR Estoppel Foreclosed by Shaw

The U.S. District Court for the District of Massachusetts recently found that the scope of inter partes review estoppel was limited to only those grounds specifically instituted in an IPR proceeding, applying the standard set...more

Oil States Oral Argument: Justices Grapple with Constitutionality of IPR

The Supreme Court held oral argument Monday, November 27, in the case of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al. to address the question of whether inter partes review (IPR) proceedings before...more

PTAB Publishes SOP for Handling Remands from the Federal Circuit

The Patent Trial and Appeal Board (“PTAB”) recently issued a Standard Operating Procedure (“SOP”) for remands from the Federal Circuit. Remands of America Invents Act trials (IPR, CBM, and PGR) and ex parte and reexamination...more

Aqua Products: Petitioner Bears Burden of Proving Unpatentability of Amended Claims in Inter Partes Review

The full U.S. Court of Appeals for the Federal Circuit held in Aqua Products “the burden of proving the unpatentability of all claims in an IPR—both original and amended—is on the petitioner.” Five opinions (including one...more

In re Cray & Motions to Stay: Federal Circuit Vacatur of Gilstrap Test for Patent Venue Will Likely Improve Chances of Obtaining...

The U.S. Court of Appeals for the Federal Circuit held that to find a “required and established place of business” for venue in a civil action for patent infringement, the court must identify “a physical place, of business,...more

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents in “Informative” Case...

UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance...more

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents

An expanded panel of the PTAB recently provided additional guidance on when it may exercise its discretion not to institute proceedings. Petitioner General Plastic Industrial Co., Ltd. originally challenged two patents in IPR...more

5 Key Takeaways: Patent Litigation Trends

Kilpatrick Townsend attorneys Andy Rinehart and Dr. Jennifer Giordano-Coltart recently presented their assessment of trends in patent litigation and prosecution at the firm’s annual patent CLE in Research Triangle Park....more

Publications Must Be Accessible to Persons of Ordinary Skill

On Wednesday, September 7, the Patent Trial and Appeal Board found that U.S. Patent Nos. 7,670,358 and 7,776,072 were not obvious, in part because certain cited prior art was not “disseminated or otherwise made available...more

Federal Circuit Scrutinizing PTAB Claim Constructions, Emphasizing “Reasonable” in The Broadest Reasonable Interpretation Standard

The Federal Circuit recently reversed the PTAB’s cancellation of a patent directed to point-to-point communications in a dynamically addressed network. Sipnet EU S.R.O. has challenged U.S. Patent No. 6,108,704 held by...more

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