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Federal Circuit Provides Guidance on Scope of IPR Estoppel

In its recent decision in Ingenico Inc. v. IOENGINE, LLC, the Federal Circuit affirmed the district court’s decision to allow Ingenico to introduce certain prior art at trial, finding that inter partes review (IPR) estoppel...more

USPTO Issues Memo on Interim Process for PTAB Discretionary Denial Evaluation

On March 26, 2025, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Coke Morgan Stewart issued a memorandum that makes several significant...more

Federal Circuit’s Decision Confirms That Published Patent Applications Are Prior Art In IPRs As Of Their Filing Date

On January 14, 2025, the Court of Appeals for the Federal Circuit in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., No. 2023-2346 (Fed. Cir.), affirmed the Patent Trial and Appeal Board’s ruling that “a published patent...more

USPTO’s Notice of Proposed Rulemaking for Discretionary Denial Briefing, Section 325(d), Instituting Parallel and Serial...

On April 19, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) that proposes rules regarding the exercise of discretion to determine whether to institute an Inter Partes...more

USPTO Issue Notice of Proposed Rulemaking for Rules Governing Director Review of Patent Trial and Appeal Board Decisions

On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA)...more

Open Questions Regarding the Patent Eligibility Restoration Act of 2023

United States Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act of 2023 (the “Act”) on June 22, 2023. The Act seeks to modify and clarify “patent eligibility jurisprudence...more

Federal Circuit Adopts “Skilled Searcher” Standard for IPR Estoppel

On April 3, 2023, the Federal Circuit issued an opinion in Ironburg Inventions Ltd. v. Valve Corp., addressing the scope of what invalidity grounds are subject to estoppel pursuant to 35 U.S.C. § 315(e)(2) and the burden of...more

Potential Changes to PTAB Practice on Multiple IPR Petitions

An important set of factors the Patent Trial and Appeal Board considers when deciding whether to institute inter partes review concerns the filing of multiple petitions challenging the same patent. Part I of this two-part...more

Current PTAB Guidance on Multiple IPR Petitions

In view of the increasing number of petitions for inter partes review filed before the Patent and Trial Appeal Board since its inception more than six years ago, the PTAB has increased its scrutiny of so-called “serial”...more

Federal Circuit Holds Petitioner Lacks Standing to Appeal Inter Partes Review Decision

On February 7, 2019, in Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company, the Federal Circuit dismissed an appeal brought by a petitioner in an inter partes review (IPR) for lack of standing and mootness because...more

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