I. Introduction -
The Leahy-Smith America Invents Act (“AIA”) was years in the making. From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in...more
9/11/2023
/ America Invents Act ,
Burden of Proof ,
Claim Preclusion ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Litigation ,
Patent Reform ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art ,
Proposed Legislation ,
USPTO
In inter partes review proceedings it brought for Austrian cochlear implant maker MED-EL Elektromedizinische Geräte Ges.m.b.H., Haug Partners was successful in challenging all 24 claims of U.S. Patent 8,155,746, a cochlear...more
On May 26, 2021, the United States Patent and Trademark Office (“USPTO”) finalized the amendments to the Rules of Practice in Patent Cases as well as the rules regarding Representation of Others before the United States...more
Uniloc 2017, LLC v. Facebook, Inc., Case No. 19-1688 (Fed. Cir. March 9, 2021) -
The Federal Circuit has further clarified the scope of what types of PTAB decisions are appealable under 35 U.S.C. § 314(d). In Uniloc 2017 v....more
The rate at which the Patent Trial and Appeal Board (“PTAB” or “Board”) institutes Petitions for Inter Partes Review (“IPR”) has been in steady decline since the introduction of the IPR procedure in 2013, and is expected to...more
11/19/2020
/ Denial of Institution ,
Final Written Decisions ,
General Plastic Factors ,
Inter Partes Review (IPR) Proceeding ,
Parallel Proceedings ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
PTAB Precedential Opinion Panel (POP) ,
Trial Practice Guidance
On October 23, 2020, in a remarkable order demonstrating how a “bitterly divided” Federal Circuit views post-Alice patent eligibility jurisprudence, the court denied the motion of American Axle & Manufacturing, Inc. (“AAM”)...more
10/30/2020
/ Abstract Ideas ,
Appeals ,
CLS Bank v Alice Corp ,
Denial of Rehearing ,
Judicial Exception ,
Mayo v. Prometheus ,
Motion To Stay ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition for Writ of Certiorari ,
SCOTUS ,
Section 101
WHAT DO WE KNOW?
1. On September 4, 2020, the Federal Circuit modified and reissued its March 18, 2020 Facebook v. Windy City opinion to address the Supreme Court’s intervening April 20, 2020 Thryv v. Click-to-Call opinion...more
9/16/2020
/ § 314(d) ,
§ 315(b) ,
Appeals ,
Facebook ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Judicial Review ,
Non-Appealable Decisions ,
Partial Institution ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
USPTO
In an appeal from the Northern District of California, the Federal Circuit affirmed the district court’s dismissal of Security People’s Administrative Procedure Act (APA) suit challenging the constitutionality of inter partes...more
9/1/2020
/ Administrative Procedure Act ,
Appeals ,
Collateral Attack ,
Constitutional Challenges ,
Denial of Certiorari ,
Director of the USPTO ,
Due Process ,
Fifth Amendment ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Lack of Authority ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pre-AIA Patents ,
USPTO