GRÜNENTHAL GMBH v. ANTECIP BIOVENTURES II LLC, PGR2019-00026, -00027, 00028 (PTAB, July 28, 2020) -
The PTAB issued decisions in a trio of post-grant reviews. One of the defenses put forward by the Patent Owner was that...more
Hunting Titan, Inc. v. Dynaenergetics Europe GMBH, IPR2018-00600 (July 6, 2020) -
Designated Precedential on July 6, 2020 -
Petitioner Hunting Titan challenged Patent Owner Dynaenergetics’ claims based upon anticipation...more
Virnetx Inc. v. Cisco Systems, Inc., Appeal No. 2019-1671 (Fed. Cir., May 13, 2020).
Inter partes reexamination was a non-trial procedure that allowed third parties to participate in patent reexamination, and has now been...more
Caterpillar Paving Products Inc. v. Wirtgen America, Inc., Appeal No. 2020-1261 (Fed Cir., May 6, 2020). John P. Isacson -
On May 5, 2020, the Federal Circuit issued a precedential order holding that IPR petitioners cannot...more
Ciena Corp. v. Oyster Optics, LLC, Appeal No. 2019-2117 (Fed. Cir., May 5, 2020). -
On January 28, 2020, the Federal Circuit issued a non-precedential order that denied IPR petitioner Ciena’s motion to have a judgment...more
Apple Inc. v. California Institute of Technology, Appeal Nos. 2019-1580, -1581 (Fed. Cir., March 5, 2020).
In January of this year, a jury awarded the California Institute of Technology (Caltech) $837,801,178 for Apple’s...more
On January 13, 2020, the U.S. Supreme Court denied certiorari in the following cases...more
1/14/2020
/ Abstract Ideas ,
Computer-Related Inventions ,
Denial of Certiorari ,
Diagnostic Method ,
Hewlett-Packard ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Post-Grant Review ,
SCOTUS ,
Section 101
The America Invents Act (AIA) ushered in an era of Patent Office trials to adjudicate the validity of issued patents. The AIA, however, created an additional, lesser used, avenue to address patent validity. This procedure is...more
Customedia Tech., LLC v. Dish Network Corp.., Appeal Nos. 2018-2239, -2240, -2310, 2019-1000, -1001, -1002, -1027 and -1029 (Fed. Cir., Nov. 1, 2019).
The day after the Federal Circuit issued its decision in Arthrex, Inc....more
Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., October 31, 2019) -
Since the inception of inter partes review at the Patent Trial and Appeals Board (PTAB), there have been a number of...more
11/4/2019
/ Administrative Patent Judges ,
Administrative Proceedings ,
Appointments Clause ,
Article II ,
Confirmation Proceedings ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Power of Appointment ,
Principle Officers ,
Remand ,
Secretary of Commerce ,
Senate Confirmation Hearings ,
Statutory Interpretation ,
Vacated
On October 17, 2019, the U.S. Patent and Trademark Office issued a 22-page updated guidance document on subject matter eligibility under 35 USC §101. Subject matter eligibility is becoming increasingly important in the...more
Honeywell Int’l v. Arkema, Inc., Appeal No. 2018-1151, -1153 (Fed. Cir., October 1, 2019) -
Arkema filed two petitions for post-grant review of a Honeywell patent pertaining to fluoroalkene compounds used in refrigerator...more
MTD Products Inc. v. Iancu, Appeal No. 2017-2292 (Fed. Cir. August 12, 2019) -
MTD had a patent for steering and driving systems for zero turn radius vehicles, such as lawn mowers. The patent was challenged in IPR, where...more
July of 2019 has been an active month for the Patent Trial and Appeal Board (PTAB). The PTAB issued a Trial Practice Guide Update that addresses: The July 2019 Update can be accessed on the PTAB website....more
A bipartisan group of Senators and Representatives recently released a framework for amending Section 101. The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug...more
4/25/2019
/ Abstract Ideas ,
Innovation Patent ,
Intellectual Property Protection ,
Legislative Agendas ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Post-Grant Review ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
Section 101