Federal Circuit Summaries -
Before Newman, O’Malley, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Anticipation is not proven by multiple, distinct teachings in a single prior art document that a...more
12/29/2017
/ Anticipation ,
Anticipatory Reference ,
Appeals ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Standard of Review ,
Substantial Evidence Standard
The Federal Circuit held that the PTAB may consider legal conclusions of obviousness by experts, but the expert papers must make adequate factual findings and provide a satisfactory explanation as to determinations of...more
For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held...more
11/22/2016
/ Abstract Ideas ,
Appeals ,
Claim Construction ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
USPTO
The Supreme Court decision Alice Corp. v. CLS Bank, 134 S. Ct. 2347 (2014) pronounced, in no uncertain terms, preemption “drives” patent subject matter eligibility and its exceptions. But after Alice, it appeared preemption’s...more
10/4/2016
/ Appeals ,
Ariosa ,
CLS Bank v Alice Corp ,
Evidence ,
Mootness ,
Myriad-Mayo ,
Patent-Eligible Subject Matter ,
Patents ,
Preemption ,
Prior Art ,
Reversal ,
Sequenom ,
Software Patents
PTAB’s Institution Decision Remains Largely Unreviewable -
What You Need To Know -
Summary -
In its first case addressing an Inter Partes Review (“IPR”), the Supreme Court’s In re Cuozzo decision unanimously...more
6/21/2016
/ America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Final Judgment ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Trial and Appeal Board ,
SCOTUS ,
Standard of Review ,
USPTO
Petitioner Unified filed a petition for IPR of 11 claims of a patent. Unified acknowledged that the patent was already subject to three other petitions for IPR and that the Board had instituted trial on two of those three...more