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. License Agreement Not Enough for Standing on Appeal of an IPR Apple Inc. v. Qualcomm Inc.

In a precedential decision, the Federal Circuit held that Apple lacked standing to appeal from its loss as petitioner in a couple of inter partes reviews (IPRs) against patent owner Qualcomm. Background - Qualcomm sued...more

Setting the Stage: Court Sets Oral Argument in Arthrex Cases

The U.S. Supreme Court has scheduled oral argument in the Arthrex cases (docket 19-1434) for March 1, 2021. And, as of January 11, 2021, the Court has accepted the oral argument time divisions proposed by the Acting Solicitor...more

Arthrex’s Initial Merits Brief – Making the Case for Patent Judges as Principal Officers

Progress in the Arthrex case before the Supreme Court continues as Arthrex submitted its initial merits brief on December 23rd. We have previously discussed the decision by the Federal Circuit, the Supreme Court’s grant of...more

Federal Circuit Clarifies The “Reasonably Pertintent” Analogous Art Standard

The Federal Circuit vacated and remanded an IPR decision in Donner Technology, LLC v. Pro Stage Gear, LLC, because the PTAB used the wrong standard in evaluating whether a reference was analogous art. The correct standard,...more

Federal Circuit Orders Partial Dismissal of Voip-Pal’s IPR Challenged Claims

In a succinct opinion, the Federal Circuit ordered a remedy which raises questions thought to have been settled in SAS Institute Inc. v. Iancu, namely whether the Patent Trial and Appeal Board can address only some of the...more

PTAB - 2019 Year in Review

To wrap up 2019 and usher in 2020 for practitioners who handle Patent Trial and Appeal Board (PTAB) matters, Foley partners Jeanne Gills, Steve Maebius, and George Quillin discussed 2019’s major developments in a webinar on...more

Getting The Last Word: Requesting a Patent Owner Sur-Reply in AIA-PTAB Proceedings

Practitioners are familiar with the typical submission process in America Invents Act (“AIA”) – Patent Trial and Appeals Board (“PTAB”) proceedings. First, the Petition is filed, and then the Patent Owner may submit a Patent...more

Denying Prior Art Status In PTAB Proceedings: Petitioner's Failure to Show Section 112 Support in Priority Applications May Be...

Several of our recent posts have discussed petitioners’ use of priority denial to attack patents with intervening prior art, but the issue of adequate support in an earlier filed application may also work in reverse against...more

PTAB Average Time-To-Decision in IPRs May Surprise You

This post was co-authored by Foley & Lardner Summer Associate Jonathan E. Robe. Ever wonder how long it takes the PTAB to decide to institute trial? Ever have someone ask how long it will take for the Board to issue its...more

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