On January 14, 2025, the Federal Circuit in Lynk Labs Inc. v. Samsung Electronics Co. Ltd. clarified that inter partes review challenges may be “based upon published patent applications, and such published patent applications...more
A recent Federal Circuit opinion clarified that patent owners carry the burden of proving that inter partes review (IPR) estoppel applies to invalidity grounds not included in their IPR petitions. The Federal Circuit also...more
The Patent Trial and Appeal Board found in a recent inter partes review—DraftKings Inc. v. Interactive Games LLC—that DraftKings’ proposed combination of prior art would have been obvious when Interactive Games’ mobile...more
The US Patent and Trademark Office is implementing a pilot program to allow participating applicants to defer responding to subject matter eligibility rejections until the earlier of a final disposition of the application, or...more
As of 2020, post grant proceedings have been in use for eight years. Designed as an alternative to district court litigation post grant proceedings have offered litigants a faster and more cost effective forum for resolving...more
The Patent Trial and Appeal Board recently provided further guidance on what is needed to establish that a nonpatent reference is a prior art printed publication. ...more
The Patent Trial and Appeal Board recently designated two decisions as precedential and a third as informative in cases where the PTAB considered whether to exercise 35 USC § 325(d) discretion to deny petitions where the same...more
While stating that live testimony will generally not be necessary, the Patent Trial and Appeal Board (PTAB) identifies “very limited circumstances” where live testimony before the board may be permitted....more
Recent patent reform legislation, rule changes, and court rulings are expected to have a significant impact on the strategies of both patent owners and petitioners....more
5/3/2017
/ America Invents Act ,
Claim Construction ,
Discovery ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Patent Invalidity ,
Patent Litigation ,
Patent Ownership ,
Patent Reform ,
Patent Trial and Appeal Board ,
Patent Wars ,
Patents ,
Post-Grant Review ,
Prior Art ,
USPTO
The Federal Circuit recently held that petitioners will not be estopped from raising in subsequent proceedings any noninstituted grounds deemed “redundant” by the Board or otherwise denied without meritorious consideration....more
The Federal Circuit vacates a decision by the PTAB for relying on facts raised for the first time at oral argument.
Executive Summary -
On March 15, 2016, the US Court of Appeals for the Federal Circuit vacated...more