Bar Exam Toolbox Podcast Episode 148: Listen and Learn -- Claim and Issue Preclusion (Civil Procedure)
JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021
[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more
SynQor, Inc. appealed the inter partes reexamination decision of the Patent Trial and Appeal Board (Board) holding un- patentable as obvious original claims 1–19, 28, and 31 of SynQor’s patent, U.S. Patent No. 7,072,190 as...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
SynQor, Inc. v. Vicor Corp., Appeal No. 2019-1704 (Fed. Cir. Feb. 22, 2021) - In this week’s Case of the Week, the Federal Circuit held that common law collateral estoppel could arise from a factual determination made in...more
Spineology, Inc. v. Wright Medical Technology Inc. (No. 2018-1276, 12/14/18) (Prost, Dyk, Moore) - Moore, J. Affirming denial of motion for attorney fees under 35 U.S.C. § 285. “[W]e caution future litigants to tread...more
PATENT CASE OF THE WEEK - VirnetX Inc. v. Apple, Inc., Appeal Nos. 2017-2490, -2494 (Fed. Cir. Dec. 10, 2018) The Federal Circuit affirmed two final written decisions of the Patent Trial and Appeal Board (“PTAB”), which...more
Federal Circuit Summary - Before Newman, O’Malley, and Chen. Appeal from the PTAB. Summary: Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication...more
When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more
Addressing final decisions in two separate inter partes reviews, the US Court of Appeals for the Federal Circuit overturned a Patent Trial and Appeal Board (PTAB) claim construction because of collateral estoppel in one case,...more
Addressing the issue of collateral estoppel in inter partes review (IPR), the US Court of Appeals for the Federal Circuit vacated a finding of patentability by the Patent Trial and Appeal Board (PTAB) in view of the result of...more
The America Invents Act (AIA) created several adjudicative proceedings within the Patent Trial and Appeal Board (PTAB) of the U.S. Patent & Trademark Office, including inter partes review, post-grant review, and covered...more
The Leahy-Smith America Invents Act (AIA), signed into law in 2011, promises the most radical changes to U.S. patent law in over 50 years. The act eliminates the first-to-invent system of granting patents in favor of a...more