ARTHREX, INC. v. SMITH & NEPHEW, INC.
Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office,...more
INTEL CORPORATION v. QUALCOMM INCORPORATED -
Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: Indefinite claims do not preclude patentability analysis at the PTAB....more
12/30/2021
/ Claim Construction ,
Intel ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Qualcomm
INTEL CORPORATION v. QUALCOMM INCORPORATED -
Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: A “generic” motivation to combine that has broad appeal or applicability is not...more
12/30/2021
/ Appeals ,
Claim Construction ,
Expert Testimony ,
Intel ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Qualcomm
IN RE: BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY -
Before Prost, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: The specific combination of purely mathematical steps in a...more
MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC.
Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: The purchaser or assignee of all assets and interests of the requester of inter...more
Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board.
TQ DELTA, LLC v. CISCO SYSTEMS, INC.
Summary: Findings of fact at the PTAB must be supported by substantial evidence, and conclusory expert...more
IN RE: IPR LICENSING, INC., -
Before O’Malley, Newman, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: Establishing a motivation to combine two references for an obviousness determination in an IPR...more
11/27/2019
/ Admissible Evidence ,
Appeals ,
Final Written Decisions ,
Inadmissible Evidence ,
Inter Partes Review (IPR) Proceeding ,
Motivation to Combine ,
Obviousness ,
Partial Reversal ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Remand
CAMPBELL SOUP COMPANY v. GAMON PLUS, INC.
Before Prost, Newman and Moore. Appeal from the Patent Trial and Appeal Board.
Summary: A proper primary reference can have slight differences in design if, in light of overall...more
10/1/2019
/ Appeals ,
Campbell Soup Company ,
Design Patent ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Preponderance of the Evidence ,
Prior Art ,
Section 103 ,
Vacated
REGENTS OF THE UNIV. OF MINN. v. LSI CORPORATION -
Before Dyk, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: State sovereign immunity does not apply to IPR proceedings asserted against...more
BRADIUM TECHNOLOGIES LLC V. ANDREI IANCU -
Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: A clear and unambiguous definition of a claim term is required to redefine the term to...more
AVX CORPORATION V. PRESIDIO COMPONENTS, INC.
Before Newman, O’Malley, and Taranto. Appeal from the Patent and Trial Appeal Board.
Summary: Appellants from an IPR decision to the Federal Circuit must have concrete claims...more
Before Newman, O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: Diligence requires “reasonably continuous diligence” and is not negated if the inventor works on improvements and evaluates...more
Federal Circuit Summary -
En Banc (excl. Chen), Opinion for the court filed by Stoll, joined by Newman, Lourie, Moore, O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Eastern District...more
8/2/2018
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Appeals ,
Attorney's Fees ,
En Banc Review ,
Litigation Fees & Costs ,
Patent Examinations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Reversal ,
Sua Sponte ,
USPTO ,
Vacated
Federal Circuit Summaries -
Before Lourie, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board (“PTAB”).
Summary: Nothing in § 41.41(b)(2) bars a reply brief from addressing new arguments raised in the...more
Federal Circuit Summaries -
Before Newman, Mayer, and Lourie. Appeal from the Patent Trial and Appeal Board.
Summary: An application is unpatentable under pre-AIA 35 U.S.C. § 102(f) when the application does not name...more
The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act of 2017 was recently introduced in the Senate by a bipartisan group led by Senator Chris Coons (D-Del.) and co-sponsored...more
8/14/2017
/ America Invents Act ,
Burden of Proof ,
Claim Amendments ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Interlocutory Appeals ,
Legislative Agendas ,
Non-Appealable Decisions ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Proposed Legislation ,
Standing