News & Analysis as of

En Banc Review America Invents Act

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2023

Medytox, Inc. v. Galderma S.A., Appeal No. 2022-1165 (Fed. Cir. June 27, 2023) In this week’s Case of the Week, the Federal Circuit upheld an application by the Patent Trial and Appeal Board of its Pilot Program...more

McDonnell Boehnen Hulbert & Berghoff LLP

Uniloc 2017 LLC v. Hulu, LLC (Fed. Cir. 2020)

Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims.  The appeal raises issues of finality...more

Haug Partners LLP

Uniloc v. Hulu - Federal Circuit Clash over Scope of PTAB Review of Substitute Claims

Haug Partners LLP on

WHAT DO WE KNOW? 1. On July 22, 2020, a sharply split Federal Circuit panel held that “[t]he PTAB correctly concluded that it is not limited by § 311(b) in its review of proposed substitute claims in an IPR, and that it...more

Stinson LLP

Federal Circuit Denies En Banc Rehearing on PTAB Constitutionality

Stinson LLP on

On March 23, 2020, the U.S. Court of Appeals for the Federal Circuit denied the parties’ petition for an en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140....more

Nutter McClennen & Fish LLP

Licensee Challenges Ruling that a Standard Language Forum Selection Clause Bars PTAB Proceedings 

In a case that could have a significant impact on the interpretation and drafting of patent licensing agreements, a patent licensee filed an appeal for an en banc proceeding at the Federal Circuit to challenge the court’s...more

Latham & Watkins LLP

En Banc Federal Circuit Overturns PTAB’s IPR Time-Bar Ruling

Latham & Watkins LLP on

Accused patent infringers may be time-barred by service of a complaint in a lawsuit that was later voluntarily dismissed without prejudice. Key Points: ..Under the PTAB’s old precedent, voluntary dismissals without...more

Jones Day

Court Grants Rehearing In Light Of Wi-Fi One

Jones Day on

Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...more

Mintz - Intellectual Property Viewpoints

Wi-Fi, One v. Broadcom: En Banc Federal Circuit Held The Time-Bar Determinations (§ 315(b)) Appealable

n its first en banc decision of 2018, the Federal Circuit held that “judicial review is available for a patent owner to challenge the U.S. Patent and Trademark Office’s determination that the petitioner satisfied the...more

Proskauer - New England IP Blog

Federal Circuit Holds That IPR Time-Bar Determinations Can Be Appealed

Earlier this week, the Federal Circuit issued an en banc opinion in Wi-Fi One v. Broadcom that holds the PTAB’s determinations of whether an IPR petition was timely filed under 35 U.S.C. § 315(b) are appealable. In reaching...more

Morgan Lewis

Federal Circuit Lifts Bar on Judicial Review of PTAB Time-Bar Determinations

Morgan Lewis on

The Federal Circuit recently reversed course and expanded judicial review of PTAB institution decisions to include time-bar determinations, potentially clearing a path for petitioners and patent owners to appeal other...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Loosens Constraints on Appeals of PTAB Decisions

Judicial review of post-grant patent proceedings at the Patent Trial and Appeal Board (PTAB) is limited, but a federal court of appeals has somewhat loosened the restriction. On January 8, 2018, in Wi-Fi One, LLC v. Broadcom...more

Jones Day

En Banc Federal Circuit Majority Rules Time-Bar Determinations By PTAB Are Appealable

Jones Day on

In yesterday’s en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review of the PTAB’s time-bar...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2017: #15 to #19

After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe...more

Jones Day

Are Inter Partes Review Proceedings Constitutional? The Federal Circuit Is Not Yet Ready To Decide

Jones Day on

On May 11, 2017, with six of its twelve active judges authoring or joining separate opinions, the Federal Circuit denied a petition for an initial hearing en banc which asked the full Court to address the question “whether a...more

Latham & Watkins LLP

Federal Circuit to Address En Banc Appeals Based on AIA Time-Bar

Latham & Watkins LLP on

Federal Circuit to determine whether PTAB decisions concerning the America Invents Act’s one-year time-bar are appealable - Key Points: ..PTAB determinations regarding the one-year bar are not currently appealable...more

McDermott Will & Emery

Denial of En Banc Review Preserves PTAB Practice of Partial IPR **WEB ONLY**

Addressing whether it is proper for the Patent Trial and Appeal Board (PTAB or Board) to institute inter partes review (IPR) for only some (not all) claims challenged in an IPR petition, the US Court of Appeals for the...more

Fish & Richardson

Aqua Products En Banc Hearing Reveals Further Administrative Law Issues

Fish & Richardson on

On December 9, 2016, the Federal Circuit held an en banc hearing in In re Aqua Products. As noted earlier, one of the questions posed for en banc review had a distinctly administrative law tone. That question asked whether...more

McDermott Will & Emery

Federal Circuit Will Review PTAB Rules for Claim Amendments in AIA Reviews

The full US Court of Appeals for the Federal Circuit has issued an order granting en banc review of the Patent Trial and Appeal Board’s (PTAB’s or Board’s) rules governing amendments filed in the course of America Invents Act...more

Kilpatrick

Federal Circuit Grants En Banc Review Of Amendment In AIA Trials

Kilpatrick on

Successful motions to amend in AIA trials continue to be rare. The Patent Trial and Appeal Board conducted and published a Motion to Amend Study this year: as of April 30, 2016, the Board had completed 1539 trials; 192 of...more

A&O Shearman

Intellectual Property Newsletter -August 2016

A&O Shearman on

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a number of current IP topics, including a look at the America Invents Act, five years in; the U.S. International Trade...more

Foley & Lardner LLP

En Banc Federal Circuit To Review Standards for Amending Claims During AIA Proceedings

Foley & Lardner LLP on

In a rare grant of a petition for rehearing en banc, the court decided that an appeal “warrants en banc consideration” of who bears what burden when amending in an IPR. In re: Aqua Products, No. 15-1177, slip op. at 2 (Fed....more

Weintraub Tobin

En Banc Federal Circuit Rules A Product Must be the Subject of a Commercial Sale or Offer for Sale to Trigger On-Sale Bar

Weintraub Tobin on

On July 11, 2016, the U.S. Court of Appeals for the Federal Circuit ruled in a unanimous en banc decision in The Medicines Co. v. Hospira Inc., Federal Circuit case number 2014-1469, that to be “on sale” under pre-AIA 35...more

Mintz - Intellectual Property Viewpoints

Year in Review: The Most Popular Blog Posts of 2015

As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating...more

McDonnell Boehnen Hulbert & Berghoff LLP

Q&A from Webinar on Top Patent Law Stories of 2015

Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. The seven stories...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rehearing En Banc Granted in The Medicines Company v. Hospira, Inc.

Will The "No Supplier Exception" to the On-Sale Bar Fall? On November 13, 2015, the Federal Circuit granted a petition for rehearing en banc filed in The Medicines Company v. Hospira, Inc. As we previously reported, the...more

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