Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims. The appeal raises issues of finality...more
7/27/2020
/ Administrative Patent Judges ,
America Invents Act ,
Appellate Courts ,
Dismissals ,
Dissenting Opinions ,
En Banc Review ,
Federal Rule 12(b)(6) ,
Hulu ,
Inter Partes Review (IPR) Proceeding ,
Mootness ,
Motion to Amend ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
Reviewability Determinations ,
Scope of the Claim ,
Section 101 ,
Section 102 ,
Section 103 ,
Sua Sponte ,
Substitute Claims
Under the America Invents Act, the Patent Trial and Appeal Board has been busy handling inter partes review (IPR), covered business method review (CBM), and post-grant review (PGR) proceedings. Petitioners have filed...more
Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine -
The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded...more
In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more
3/22/2017
/ America Invents Act ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Jurisdiction ,
Patent Agent Privilege ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Trademark Registration ,
Trademarks ,
USPTO
As was widely expected from the Justices’ positions at oral arguments, a nearly unanimous Supreme Court today struck down the patent laches doctrine in SCA Hygiene Prods. Aktiebolag, v. First Quality Baby Prods., LLC, 580...more
Earlier this week, the Federal Circuit issued an order denying a petition for rehearing en banc in the In re Cuozzo Speed Technologies, LLC case. As we have previously reported, this case was the first appeal of the first...more
7/10/2015
/ America Invents Act ,
Amicus Briefs ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Intellectual Property Owners Association ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petition For Rehearing ,
PHRMA ,
Post-Grant Review ,
SCOTUS ,
Teva v Sandoz ,
USPTO
In This Issue:
- After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?
- When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more
6/3/2015
/ America Invents Act ,
B&B Hardware v Hargis Industries ,
CLS Bank v Alice Corp ,
Copyright ,
Copyright Infringement ,
Covered Business Method Patents ,
Estoppel ,
Intellectual Property Litigation ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Software ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO