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CG Technology Development, LLC v. Fanduel, Inc. (Fed. Cir. 2019)

Federal Circuit Upholds Invalidity of Video Game Patent Despite Board's Incorrect Claim Construction - CG Technology Development, LLC (CG Tech) appealed the Patent Trial and Appeal Board's Final Written Decision holding...more

Quest USA Corp. v. PopSockets LLC (PTAB 2019)

Functional Language in Device Claim Ignored for Patentability Purposes - The U.S. Patent and Trademark Office Patent Trial and Appeal Board recently issued a decision indicating that certain claims of a patent directed to...more

IBM Corp. v. Iancu (Fed. Cir. 2019)

Federal Circuit Reverses Board in Two IPR Decisions - In International Business Machines Corp. (IBM) v. Iancu, the Federal Circuit found that the Board's interpretation of key claim limitations was incorrect resulting in...more

AC Technologies S.A. v. Amazon.com, Inc. (Fed. Cir. 2019)

The Federal Circuit recently issued a decision further clarifying the Patent Trial and Appeal Board's (PTAB) ability to invalidate claims on reconsideration even when the claims were not addressed in the final written...more

Acceleration Bay, LLC v. Activision Blizzard Inc. (Fed. Cir. 2018)

What is a Printed Publication for Prior Art Purposes? - Patent owner Acceleration Bay, LLC ("Acceleration") appealed the final written decisions of the Patent Trial and Appeal Board holding unpatentable claims of U.S....more

Nobel Biocare Services AG v. Instradent USA, Inc. (Fed. Cir. 2018)

Nobel Biocare Services AG appealed from the decision of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review (IPR) holding claims 1–5 and 19 of U.S. Patent No. 8,714,977 invalid based...more

Luminara Worldwide, LLC v. Iancu (Fed. Cir. 2018)

Luminara Worldwide, LLC appealed from three inter partes review (IPR) decisions, in which the Patent Trial and Appeal Board held unpatentable a total of 31 claims across Luminara's three patents. On appeal, Luminara...more

GoPro, Inc. v. Contour IP Holding LLC (Fed. Cir. 2018)

Catalog Distributed at Conference (Not "Open to the Public") Is Publicly Accessible - GoPro, Inc. appealed from final written decisions of the Patent Trial and Appeal Board in two inter partes review (IPR) proceedings. In...more

Valmont Industries, Inc. v. Lindsay Corp. (Fed. Cir. 2018)

Shapes and Shading of Graphical User Interface Not Enough to Uphold Validity - In a nonprecedential decision, the Federal Circuit found all challenged claims directed to a graphical user interface of a U.S. Patent obvious...more

Samsung Electronics Co. v. Straight Path IP Group, Inc. (Fed. Cir. 2017)

In a nonprecedential decision, the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board in inter partes review proceedings which upheld the patentability of claims due to construction of the claim term "is...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

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

Narrowing Jurisdiction in Covered Business Method Proceedings

In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since...more

IPRs Threatened/Filed as Money-Making Strategy

On March 10, 2016, Silver Star Capital, LLC filed a petition for Inter Partes Review of U.S. Patent No. 6,212,079 (IPR2016-00736). The patent owner is Power Integrations, Inc. On its face, this seems like another IPR filed...more

USPTO Provides Insight on PTAB Amendment Motions

On Monday, May 9, 2016, the U.S. Patent and Trademark Office published information on Patent Trial and Appeal Board (PTAB) trials regarding motions to amend claims. The Acting Chief Administrative Patent Judge, Nathan...more

E-Loan, Inc. v. IMX, Inc. (PTAB 2016)

Typical "Business Method Patent" Struck Down by PTAB using CBM Review - On February 16, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Fall 2014 - Vol. 12, Issue 4

In This Issue: - Prior Art Redefined Under the AIA - PTAB Holds a Firm Line on Additional Discovery - The Art of Prior Art Searching - Anticipating a Federal Trade Secret Law - Trademark...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013)

In This Issue: The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate; Terminology in a Computer Readable Medium Claim —“Physical,” “Tangible,” or “Storage”— Can...more

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