In Dragon Intellectual Property LLC v. DISH Network LLC, the US Court of Appeals for the Federal Circuit addressed an “exceptional” set of circumstances concerning the recovery of attorney fees in district court litigation...more
The US Patent and Trademark Office (USPTO) this week issued a memorandum related to guidelines for examining patent claims with means-plus-function and step-plus-function limitations under 35 USC § 112(f). The memorandum...more
The US Court of Appeals for the Federal Circuit in Purdue Pharma L.P. v. Collegium Pharm. Inc. addressed a unique situation in November 2023 whereby the Patent Trial and Appeal Board failed to issue its Final Written Decision...more
In B/E Aerospace, Inc. v. C&D Zodiac, Inc., published June 26, the US Court of Appeals for the Federal Circuit affirmed a final written decision of the US Patent and Trademark Office’s Patent Trial and Appeal Board...more
In a recent opinion in ESIP Series 2, LLC v. Puzhen Life USA, LLC, the US Court of Appeals for the Federal Circuit determined that 35 USC 314(d), which bars appellate review of US Patent and Trademark Office decisions to...more
The decision by the Patent Trial and Appeal Board illustrates the dangers in waiting until the last day of the one-year statutory bar to file a petition, and the importance of double checking the filed documents on the PTAB’s...more
In a welcome ruling for internet companies undergoing patent infringement suits, the US Court of Appeals for the Federal Circuit weighed in regarding what it means to have a “regular and established place of business” under...more
A recent decision by the US Court of Appeals for the Federal Circuit suggests that petitioners who unsuccessfully challenge patents in an inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) cannot rely on...more
The Federal Circuit Court of Appeals recently held that the Section 315(b) time-bar analysis must assess privity and real-party-in-interest relationships that arise after the filing of an inter partes review petition;...more
In a final rule package recently published by the US Patent and Trademark Office, the agency conformed the standard for construing unexpired claims under certain Patent Trial and Appeal Board proceedings to the Phillips...more
The US Court of Appeals for the Federal Circuit recently held en banc that the one-year time bar under 35 USC § 315(b) applies even when a properly served infringement complaint is dismissed without prejudice, thus barring...more
The Court recently heard arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on whether inter partes review—an adversarial process used by the US Patent and Trademark Office to determine the...more
A recent expanded panel decision, which lists factors the PTAB will use in exercising its discretion to institute serial IPR petitions, is afforded an “informative” designation....more
The PTAB issues its second round of proposed rule changes.
The Patent Trial and Appeal Board (PTAB) just issued its second round of proposed rule changes to post-patent issuance review proceedings (Inter Partes Reviews,...more
8/26/2015
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America Invents Act ,
Claim Construction ,
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Covered Business Method Proceedings ,
Expert Testimony ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Proposed Regulation ,
Rule 11 ,
USPTO