News & Analysis as of

Appeals › Patent Invalidity › Motivation to Combine

Rothwell, Figg, Ernst & Manbeck, P.C.

Unclear Analysis at the PTAB Leads to Confusion at the Federal Circuit

Rothwell, Figg, Ernst & Manbeck, P.C. on

The Federal Circuit’s recent decision in Palo Alto Networks, Inc. v. Centripetal Networks, LLC, No. 2023-1636, 2024 WL 5114204 (Fed. Cir. Dec. 16, 2024) concerns an obviousness determination based on a motivation to combine....more

McDermott Will & Emery

Challenge to PTAB’s Finding of Non-Obviousness Fails to Pay Out

McDermott Will & Emery on

Addressing whether the Patent Trial and Appeal Board (PTAB) ran afoul of the Administrative Procedure Act (APA) in finding that a dependent claim was valid despite the patent owner’s lack of validity arguments beyond those...more

Knobbe Martens

Drug Treatment May Be Obvious Even When FDA Is Unconvinced It Is Safe and Effective

Knobbe Martens on

PERSION PHARMACEUTICALS LLC v. ALVOGEN MALTA OPERATIONS LTD. Before O’Malley, Reyna, and Chen.  Appeal from the U.S. District Court for the District of Delaware. Summary:  The FDA’s acceptance of safety data for a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - November 2019: The Board's Reliance on Expert's Conclusory Statements May Not Meet Substantial...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

In a recent precedential decision, TQ Delta, LLC v. Cisco Systems, Inc., the Federal Circuit reversed a pair of USPTO inter partes review proceedings that invalidated all claims of two related U.S. patents because “the...more

Knobbe Martens

Evidence from Non-Instituted Grounds Not Permitted in Final Written Decision at PTAB

Knobbe Martens on

IN RE: IPR LICENSING, INC., - Before O’Malley, Newman, and Taranto.  Appeal from the Patent Trial and Appeal Board. Summary: Establishing a motivation to combine two references for an obviousness determination in an IPR...more

Knobbe Martens

Federal Circuit Review - February 2019

Knobbe Martens on

PTAB May Invalidate Claims on Reconsideration Based on Grounds Raised in the Institution Decision that Were Not Originally Instituted - In AC Technologies S.A., V. Amazon.Com, Inc., Blizzard Entertainment, Inc., Appeal No....more

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