In intellectual property news, the US Patent and Trademark Office recently published a patent application filed by Hyundai Motor Company directed to solid-state battery technology. Many industry experts suggest that...more
It is hard to go more than one or two days without reading a headline in the news or on social media about Elon Musk’s Tesla. Perhaps as a sign of what is to come as the push to carbon-free vehicles continues, the EV...more
In technology news . . .
Darling Ingredients Inc. (NYSE: DAR) and Valero Energy Corporation (NYSE: VLO) recently announced that the companies had made the final investment decision on a sustainable aviation fuel (SAF)...more
3/24/2023
/ Advanced Batteries ,
Clean Energy ,
Electric Vehicles ,
Energy Sector ,
Hydrogen Power ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Sustainability ,
Toyota ,
USPTO
In the courts, Tigo Energy – a power optimizer manufacturer headquartered in Campbell, California – filed suit earlier this month against SMA Solar Technology America LLC in the District of Delaware, alleging that SMA and its...more
Recently, the U.S. Patent and Trademark Office (“USPTO”) published a notice informing the public that it will be implementing a pilot program (called the Deferred Subject Matter Eligibility Response Pilot Program, or the...more
In this final patent owner tip for surviving an instituted IPR we discuss sur-reply strategies. At this point, the Patent Owner has filed its Response, developed all the facts and evidence, and taken and defended expert...more
The United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) was once famously referred to by the former chief judge of the Federal Circuit, the honorable Randall Rader, as a patent death squad....more
Last week a Federal Circuit panel in Uniloc 2017 LLC v. Hulu, LLC issued an important decision regarding inter partes review (IPR) before the Patent Trial and Appeal Board on two questions concerning contingent motions to...more
7/29/2020
/ En Banc Review ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Mootness ,
Motion to Amend ,
Parallel Proceedings ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Statutory Authority ,
USPTO
Last week, the US Patent and Trademark Office (“USPTO”) released a report detailing its findings on how the U.S. Supreme Court decision in Alice Corp. v. CLS Bank International, as well as subsequent USPTO guidance on 35...more
On August 25, 2017, the Patent Trial and Appeal Board issued a precedential opinion in Ex Parte McAward, reaffirming the Patent Office’s use of a lower pre-issuance threshold for indefiniteness distinct from the Supreme...more
9/20/2017
/ Administrative Proceedings ,
Broadest Reasonable Interpretation Standard ,
Indefiniteness ,
Nautilus Inc. v. Biosig Instruments ,
Patent Examinations ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Reaffirmation ,
Standard of Review ,
USPTO
In June 2016, the National Hockey League (NHL) announced that Las Vegas would be awarded an NHL franchise team, the first major professional sports team in the city and the first new expansion team for the NHL in over fifteen...more
The U.S. Supreme Court ruled on June 20, 2016 in Cuozzo Speed Techs., LLC v. Lee that: (1) the statutory authority of the Patent Trial and Appeal Board (“Board”) in instituting an inter partes review (“IPR”) proceeding is...more
7/2/2016
/ Administrative Proceedings ,
America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Final Judgment ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Standard of Review ,
USPTO
The Federal Circuit yesterday issued a decision that will make many patent owners and IP practitioners breathe easier. In Immersion Corp. v. HTC Corp. the Court reversed a district court holding that a continuation...more
On April 22, 2016, a three judge panel of the United States Court of Appeals for the Federal Circuit, consisting of Judges Prost, Dyk and O’Malley, affirmed a district court’s decision to dismiss as moot a patent case...more
Patent owners continue to face an uphill battle at the Patent Trial and Appeal Board. According to U.S. Patent Office statistics as of December 31, 2015, a majority (72%) of the 529 Inter Partes Reviews (IPR) proceeding to...more
On December 9, 2015, the Federal Circuit ruled in MCM Portfolio LLC v. Hewlett-Packard Company that vesting the Patent Office with power to take back previously conferred patent rights through inter partes review does not...more
Yesterday the Federal Circuit ruled in MCM Portfolio LLC v. Hewlett-Packard Company (here) that vesting the Patent Office with power to take back previously-conferred patent rights through inter partes review does not violate...more
On March 31 we posted about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings before the Patent Trial and Appeal Board (PTAB) pursuant to public feedback to a Request for Comments...more
8/24/2015
/ Additional Discovery ,
Claim Construction ,
Comment Period ,
Confidential Information ,
Expert Testimony ,
Inter Partes Review (IPR) Proceeding ,
New Regulations ,
Patent Infringement ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Proposed Regulation ,
Rule 11 ,
USPTO
On June 15, 2015, the United States Patent and Trademark Office (“USPTO”) issued Notice in the Federal Register announcing a new pilot program, the Expedited Patent Appeal Pilot. Under the program an appellant may have an ex...more