News & Analysis as of

Burden-Shifting Administrative Procedure Act

Knobbe Martens

Patent Owner Arguments Do Not Limit the Scope of the Issues the Board May Address in Its Final Written Decision

Knobbe Martens on

FANDUEL, INC. v. INTERACTIVE GAMES LLC - Before Dyk, Moore, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The Board does not violate the Administrative Procedure Act (APA) if it institutes trial...more

Knobbe Martens

The PTAB Authorizes Additional Motion To Amend Briefing in View of Aqua Products

Knobbe Martens on

The Board authorized petitioner Kingston to file a Response to the patent owner’s Reply to petitioner’s Opposition to Motion to Amend, based on the Federal Circuit’s en banc holding that the burden to establish...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Honeywell v. Mexichem the Circuit vacates a Board determination of obviousness, ruling that the Board improperly relied on inherency, appeared to shift the burden of nonobviousness to the patentee, and violated the APA by...more

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