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Courts Can Review the PTAB’s Time-Bar Determination of IPR Institution

In Wi-Fi One, LLC v. Broadcom Corp., No. 2015-1944 (Fed. Cir. Jan. 8, 2018), the Federal Circuit, en banc, held that the Patent Trial and Appeal Board (PTAB)’s time-bar determination under § 315(b) is reviewable. The Court...more

Method of Using Existing Bank Cards to Access Mass Transit Fails Both Alice Steps

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., No. 2016-1233, the Federal Circuit affirmed the district court’s decision holding that the claims at issue are directed to a patent ineligible abstract idea under 35...more

Collateral Estoppel May Apply If Claims in a Different, but Related Patent, Have Been Litigated Before

In In re Arunachalam, No. 2016-1607, the Federal Circuit affirmed the PTAB decision holding that Dr. Lakshmi Arunachalam is collaterally estopped from asserting claims in U.S. Patent No. 6,212,556 (’556 Patent) because a...more

Federal Circuit Denies Request for Declaratory Judgment Based on Foreign Infringement Action

In Allied Mineral Products, Inc. v. OSMI, Inc., No. 2016-2641, the Federal Circuit affirmed the Southern Florida district court’s dismissal of a declaratory judgment action for lack of subject matter jurisdiction because...more

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