News & Analysis as of

Inter Partes Reexamination

Walkers

BVI Court grants anti-suit injunction

Walkers on

In what is believed to be one of the first ever such orders made in the BVI, the BVI Court has granted an urgent anti-suit injunction on American Cyanamid principles to prohibit a Maltese entity ("Malta Co") from pursuing...more

Troutman Pepper

Reexamination in IPR and PGR Practice – Patents: Post-Grant Podcast

Troutman Pepper on

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In the final installment of this...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: April 2023

Fish & Richardson on

Four subjects stood out in patent litigation in Texas in April 2023: (1) applicability of the customer-suit exception to the first-to-file rule; (2) the level of ties a reasonable royalty methodology must have to the facts of...more

Troutman Pepper

Reissue vs. Reexamination in IPR and PGR Practice - Patents: Post-Grant Podcast

Troutman Pepper on

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this first of a three-episode...more

Foley & Lardner LLP

UPSTO Continues Discussion of Pharmaceutical Patents

Foley & Lardner LLP on

The USPTO will be hosting a “public listening session” on January 19, 2023, focusing on USPTO-FDA collaboration initiatives proposed pursuant to President Biden's Executive Order on “Promoting Competition in the American...more

Kilpatrick

5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act

Kilpatrick on

Kilpatrick Townsend's Ted Davis recently spoke at the Federal Bar Association's IP Law Fall Conference 2022 on the topic of "Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act."...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: John Bean Techs. Corp. v. Morris & Assocs., Inc.,...

This case was the second opinion in a patent dispute saga between two poultry processing competitors over patented poultry chilling technology. See John Bean Tech. Corp. v. Morris & Associates, Inc., 887 F.3d 1322 (Fed. Cir....more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: SynQor, Inc. v. Vicor Corp., 988 F.3d 1341 (Fed....

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

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[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

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #17 for Surviving an Instituted IPR: Alternatives to Motions to Amend in IPR Proceedings

After an inter partes review (“IPR”) is instituted, a patent owner may move to amend challenged claims to overcome the prior art. However, there are also alternative paths to amending claims over the prior art even after an...more

Knobbe Martens

Does the Successor-in-Interest’s Shoe Fit?

Knobbe Martens on

MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC. Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: Parties challenging patents in inter partes reexamination can assign their rights...more

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

Issue Preclusion Precluded PTAB’s Contrary Result in a Later Inter Partes Reexam

In SynQor, Inc. v. Vicor Corp., Case No. 19-1704 (Fed. Cir. Feb. 22, 2021), the Federal Circuit vacated the inter partes reexamination decision from the Patent Trial and Appeal Board (the “Board”). As part of the decision,...more

McDermott Will & Emery

Collaterally Estopped: Do Not Re-Examine the Same Issues

In an appeal from an inter partes re-examination of a patent having both original and newly presented claims, the US Court of Appeals for the Federal Circuit ruled that a decision in earlier inter partes reexaminations of...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (February 22-26): Who Needs Cross Examination? Issue Preclusion Before the PTAB

All eyes are on Arthrex this week, right?  So of course we decided to take a look at a Board decision, and one that—so says the dissent—creates a circuit split.  Below we provide our usual weekly statistics and our case of...more

Knobbe Martens

Inter Partes Reexam Can Trigger Issue Preclusion

Knobbe Martens on

SYNQOR, INC. v. VICOR CORPORATION - Before Dyk, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A finding during inter partes reexamination that two references would not be combined...more

Knobbe Martens

If You Buy the Whole Company, You Can Fight Its Legal Battles

Knobbe Martens on

MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC. Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: The purchaser or assignee of all assets and interests of the requester of inter...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Sealy Tech., LLC v. SSB Manufacturing Co., 825 F....

SSB sought inter partes reexamination of a Sealy design patent. After reexamination, the decision was appealed to the Patent Trial and Appeal Board. The single claim in the patent recites “[t]he ornamental designs for a...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Knobbe Martens

Federal Circuit Review - July 2020

Knobbe Martens on

Unconstitutionally Appointed Judges Cannot Decide Ex Parte Appeals - In In Re Boloro Global Limited, Appeal No. 19-2349, When administrative patent judges are unconstitutionally appointed, their decisions in ex...more

Goodwin

Issue Twenty-Seven: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

International Lawyers Network

Can Patent Claims be Cancelled Based on Indefiniteness by the PTAB during an IPR?

For the Patent and Trail Appeal Board (“PTAB”), the PTAB allows a petition for inter parties review (“IPR”) to request cancellation of claims in a U.S. patent. For an inter parties review of a patent, the PTAB institutes...more

Jones Day

What’s Good for the Goose: Federal Circuit Applies Arthrex to Inter Partes Reexaminations

Jones Day on

In its May 13, 2020 decision in VirnetX Inc. v. Cisco Systems, Inc., the Federal Circuit confirmed that Arthrex applies to not only IPRs, but also inter partes reexaminations, if not all proceedings before the PTAB,...more

Knobbe Martens

Unconstitutionally Appointed Patent Judges Cannot Decide Appeals From Inter Partes Reexaminations

Knobbe Martens on

Summary: When administrative patent judges are unconstitutionally appointed, their decisions in appeals from inter partes reexamination must be vacated, just like their decisions in inter partes review. Appellee Cisco and...more

Knobbe Martens

Stay of District Court Proceedings Followed by a Voluntary Dismissal Is Not a Final Court Decision Under 35 U.S.C. § 285

Knobbe Martens on

O.F. MOSSBERG & SONS, INC. v. TIMNEY TRIGGERS, LLC - Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of Connecticut. Summary: A stay, followed by a voluntary dismissal,...more

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

PTAB Due Date Extensions Available Under CARES Act Amid COVID-19 Outbreak

On Tuesday, March 31, 2020, the United States Patent and Trademark Office (USPTO) issued Notices of Waiver of certain USPTO deadlines, including deadlines in inter partes review (IPR), post grant review (PGR), and covered...more

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