News & Analysis as of

Inter Partes Review (IPR) Proceeding

Hogan Lovells

U.S. + Germany Patent Update – November 2018

by Hogan Lovells on

The U.S. and Germany are two of the most important fora in the world for patent litigation. The U.S. has long been one of the largest markets for patent litigation, and Germany has constantly attracted more than 50% of all...more

Knobbe Martens

Federal Circuit Review - November 2018

by Knobbe Martens on

Federal Circuit Finds Claims Directed to Tabbed Spreadsheets Patent Eligible and Claims Directed to Tracking Changes in Documents Ineligible Under Section 101 - In Data Engine Technologies LLC v. Google LLC, Appeal No....more

Brooks Kushman P.C.

Federal Circuit Rules That Assignor Estoppel Does Not Apply To IPR Petitions

by Brooks Kushman P.C. on

Arista Networks, Inc. v. Cisco Systems, Inc., Case No. 2017-1525 (Fed. Cir. Nov. 9, 2018) The Federal Circuit recently ruled that a petition for inter partes review is not barred by assignor estoppel when the petitioner is...more

Jones Day

PTAB Denies “Same-Party” Joinder

by Jones Day on

In a recent “same-party” joinder opinion, the PTAB broke with previous decisions to hold that it did not have authority under 35 U.S.C. § 315(c) to join new issues to an instituted IPR. Proppant Express Investments, LLC. V....more

Jones Day

IPR: New Evidence OK – New Theory NO

by Jones Day on

Among the many differences from a patent litigation in a district court, the expedited nature of an inter partes review (IPR) brings with it an obligation for the petitioner to have a full-fledged legal theory of its case...more

Buchanan Ingersoll & Rooney PC

Under the APA, the Board’s Claim Constructions Need Not Be Identical to Constructions Previously Raised in the IPR Proceeding

In Hamilton Beach Brands, Inc. v. f’real Foods, LLC, No. 2018-1274 (Fed. Cir. Nov. 16, 2018), the Federal Circuit opined on whether, under the Administrative Procedure Act (“APA”), the Board’s claim constructions rendered in...more

Knobbe Martens

Patent Law Update for Medical Device Companies 2018 (Presentation)

by Knobbe Martens on

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session...more

Jones Day

SCOTUS Rejects Petition To Review Section 325(d)

by Jones Day on

On November 19, 2018, the Supreme Court of the United States (SCOTUS) rejected a petition to review the PTAB’s refusal to deny IPR institution under § 325(d), in a case where the challenged patent had survived several...more

WilmerHale

What to Expect in Licensing and Litigation as the Internet of Things Comes to the Automotive Industry

by WilmerHale on

As outlined in prior articles in this series, the Internet of Things (IoT), or the connection of a variety of devices to collect and exchange data through the internet, has broad potential to impact the automotive industry....more

Jones Day

PTAB Declines Review of “Follow-On” Petition By Different Party

by Jones Day on

The PTAB has discretion to deny “follow-on” petitions that challenge the validity of a patent that has been previously subjected to inter partes review. See 35 U.S.C. § 314(a); Gen. Plastic Indus. Co. Ltd. v. Canon Kabushiki...more

Kilpatrick Townsend & Stockton LLP

No Assignor Estoppel for IPR Challenges

The Federal Circuit on Nov. 9, 2018 held that assignor estoppel does not apply to IPRs: Arista Networks, Inc. v. Cisco Sys., Inc., No 17-1725, slip. Op. at 17-23 (Fed. Cir. Nov. 9, 2018.) - The Court held: - “We...more

Foley & Lardner LLP

District Court Finds PK Targets Of VIMOVO Patents Indefinite

by Foley & Lardner LLP on

In an opinion issued November 19, 2018, Judge Chesler of the U.S. District Court for the District of New Jersey found two Orange Book-listed patents for VIMOVO® invalid for indefiniteness in the way certain pharmacokinetic...more

McDonnell Boehnen Hulbert & Berghoff LLP

Tris Pharma, Inc. v. Actavis Laboratories FL, Inc. (Fed. Cir. 2018)

A certain amount of comment has recently been evinced from the patent bar by the voicing from several members of the Federal Circuit, including the Chief Judge, of their dismay over the number of patent cases coming to the...more

Jones Day

Assignor Estoppel Does Not Apply to IPRs

by Jones Day on

Assignor estoppel is a long-established, common-law doctrine of equity, which prevents a party who assigns a patent to another from later challenging the validity of the assigned patent. The doctrine also applies to parties...more

Foley & Lardner LLP

One-Year Time Bar for IPR Filing Triggered Even When Served Complaint Is Voluntarily Dismissed

by Foley & Lardner LLP on

In August, the Federal Circuit addressed the 35 U.S.C. § 315(b) one-year time bar to IPR institution in Click-to-Call Technologies, LP v. Ingenio, Inc. In an en banc footnote, the court held that an IPR cannot be instituted...more

Knobbe Martens

Hamilton Beach Brands, Inc. v. F'Real Foods, LLC

by Knobbe Martens on

Federal Circuit Summary - Before Reyna, Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party must file a cross-appeal when their argument requires modification of a decision. Under the...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Clarifies Standard for Public Accessibility of Printed Publications; Offers Claim Drafting Tips

The Federal Circuit has affirmed the final written decisions of a Patent Trial and Appeal Board (the “Board”) panel in six related inter partes review (IPR) proceedings. The Board held in those proceedings that (1) a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Acceleration Bay, LLC v. Activision Blizzard Inc. (Fed. Cir. 2018)

What is a Printed Publication for Prior Art Purposes? - Patent owner Acceleration Bay, LLC ("Acceleration") appealed the final written decisions of the Patent Trial and Appeal Board holding unpatentable claims of U.S....more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - November 2018 #3

ArcelorMittal Atlantique Et Lorraine v. AK Steel Corporation, Appeal No. 2017-1637 (Fed. Cir. Nov. 14, 2018) - In an opinion originally filed as sealed on Nov. 5 and unsealed on Nov. 18, the Federal Circuit vacated and...more

Fox Rothschild LLP

Federal Circuit: Even The Inventor Can Challenge Patent’s Validity

by Fox Rothschild LLP on

Historically, inventors who assign a patent to a company or other entity have been barred from later challenging the patent’s validity under the doctrine of “assignor estoppel.” This common-law doctrine has been in place for...more

White & Case LLP

New PTAB Pilot Program Aimed at Facilitating Claim Amendments in Post-Grant Proceedings

by White & Case LLP on

On October 29, 2018, the USPTO published a Request for Comments on a proposed pilot program intended to make easier amending patent claims before the Patent Trial and Appeal Board ("PTAB" or "Board") during inter partes...more

Jones Day

Intervening Court Decisions May Prevent Denial of Review Under § 325(d)

by Jones Day on

Under 35 U.S.C. § 325(d), the PTAB has discretion regarding whether to institute a covered business method review if the arguments presented in the petition are the same, or substantially the same, as those previously...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Denies Request to Cross-Examine Experts Because Declarations Were Prepared for Other Proceedings and Were Not “Critical”...

In an ongoing inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (the “Board”) denied Petitioner Nestlé Healthcare Nutrition, Inc.’s request to cross examine two expert witnesses after Patent Owner...more

Jones Day

BREAKING: Click-to-Call and One-Year Time Bar – Petition for Certiorari Incoming

by Jones Day on

As reported in a prior post, the Federal Circuit in Click-To-Call Tech. v. Ingenio, Inc., 2015-1242 (Fed. Cir. Aug. 16, 2018) (en banc) found in a divided 10-2 en banc decision that a voluntary dismissal without prejudice of...more

Jones Day

Seeking District Court Assistance For An IPR Proceeding

by Jones Day on

Discovery is limited in inter partes review proceedings. As we previously discussed, discovery is available only “in the interest of justice,” and requests for discovery frequently are denied. Yet, a party may be aware of...more

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Updated: May 25, 2018:

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Privacy Officer
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10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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