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Oil States Oral Argument: Justices Grapple with Constitutionality of IPR

The Supreme Court held oral argument Monday, November 27, in the case of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al. to address the question of whether inter partes review (IPR) proceedings before...more

PTAB Publishes SOP for Handling Remands from the Federal Circuit

The Patent Trial and Appeal Board (“PTAB”) recently issued a Standard Operating Procedure (“SOP”) for remands from the Federal Circuit. Remands of America Invents Act trials (IPR, CBM, and PGR) and ex parte and reexamination...more

Aqua Products: Petitioner Bears Burden of Proving Unpatentability of Amended Claims in Inter Partes Review

The full U.S. Court of Appeals for the Federal Circuit held in Aqua Products “the burden of proving the unpatentability of all claims in an IPR—both original and amended—is on the petitioner.” Five opinions (including one...more

In re Cray & Motions to Stay: Federal Circuit Vacatur of Gilstrap Test for Patent Venue Will Likely Improve Chances of Obtaining...

The U.S. Court of Appeals for the Federal Circuit held that to find a “required and established place of business” for venue in a civil action for patent infringement, the court must identify “a physical place, of business,...more

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents in “Informative” Case...

UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance...more

Another Example of Practical Estoppel in IPR Practice

Earlier this year, the Federal Circuit held that statements made by patentees in an inter partes review (IPR) can constitute prosecution disclaimer. Aylus Networks, Inc. v. Apple Inc., No. 2016-1599 (Fed. Cir. May 11, 2017)....more

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents

An expanded panel of the PTAB recently provided additional guidance on when it may exercise its discretion not to institute proceedings. Petitioner General Plastic Industrial Co., Ltd. originally challenged two patents in IPR...more

The Federal Circuit Expresses Concern about IPR Joinder and Expanded Panels

In a recent decision, Judges Wallach and Dyk filed a concurring opinion to express their concerns regarding joinder and expanded panels at the Board. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., Case No....more

3 Key Takeaways: Navigating the Post-Grant Landscape

Kilpatrick Townsend’s John Alemanni, Allison Dobson, Matthew Holohan, and Wab Kadaba recently presented on navigating the Post-Grant landscape. Here are three key takeaways from their presentation. The STRONG Patents Act...more

Is the Pendulum About to Swing Back?

In 2012, the American Invents Act created Inter Partes review (“IPR”) and related proceedings that allowed parties to request that the Patent Office institute a trial to determine the patentability of issued claims. Over the...more

Publications Must Be Accessible to Persons of Ordinary Skill

On Wednesday, September 7, the Patent Trial and Appeal Board found that U.S. Patent Nos. 7,670,358 and 7,776,072 were not obvious, in part because certain cited prior art was not “disseminated or otherwise made available...more

A Second Chance for a Motion to Amend

On Tuesday, August 30, the Federal Circuit vacated the Patent Trial and Appeal Board’s denial of a motion to amend. Veritas Techs. LLC v. Veeam Software Corp., Case No. 15-1894. The Federal Circuit found that “the Board was...more

Supreme Court Upholds Broadest Reasonable Interpretation at the PTAB

On Monday, June 20, the Supreme Court issued a much anticipated decision upholding the PTAB's use of the Broadest Reasonable Interpretation standard for claim construction and confirming that the decision to institute is...more

The PTAB Applies Enfish

The PTAB recently relied on the Federal Circuit’s decision in Enfish, LLC v. Microsoft Corp. in refusing to institute a Covered Business Method review of a patent for a system for managing personal electronic information....more

A Non-illusory Opportunity to Amend

The Patent Trial and Appeal Board ("Board") recently granted a motion to amend. A successful motion to amend is rare; only six have been granted to date. The case is Shinn Fu Co. of America Inc. et al. v. The Tire Hanger...more

Federal Circuit Reverses the PTAB’s Reliance on Evidence Presented Solely During Oral Argument and Its Claim Construction

On March 15, 2016, the Federal Circuit reversed and remanded the PTAB's cancellation of claims 3 and 20 of Patent No. 6,948,021 directed to hot-swappable components in computer systems. See Dell Inc., v. Acceleron, LLC, No....more

Federal Circuit Scrutinizing PTAB Claim Constructions, Emphasizing “Reasonable” in The Broadest Reasonable Interpretation Standard

The Federal Circuit recently reversed the PTAB’s cancellation of a patent directed to point-to-point communications in a dynamically addressed network. Sipnet EU S.R.O. has challenged U.S. Patent No. 6,108,704 held by...more

Federal Circuit Remands IPRs to PTAB for Reference Consideration

The non-invasive prenatal testing field has been an active area for patent challenges. Ariosa has challenged patents held by competitors Sequenom and Verinata. The latter is patent owner in two IPR proceedings challenging...more

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