News & Analysis as of

Inter Partes Review (IPR) Proceeding United States Patent and Trademark Office Jurisdiction

Knobbe Martens

The Patent Trial and Appeal Board Has Jurisdiction Over IPRs Challenging Expired Patents

Knobbe Martens on

Before Lourie, Dyk, and Hughes. Appeals from the United States Patent and Trademark Office. Summary: The Patent Trial and Appeal Board has jurisdiction over IPRs concerning expired patents because the review of such patents...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

WilmerHale

CAFC Patent Cases - September 2021 #3

WilmerHale on

Precedential Federal Circuit Opinions IN RE: JUNIPER NETWORKS, INC. [OPINION]  (2021-160, September 2, 2021) (Lourie, Bryson, and Taranto) - Per curiam. Issuing writ of mandamus directing the United States District Court...more

Nutter McClennen & Fish LLP

5 Patent Law Petitions to Watch at the Supreme Court

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

WilmerHale

Federal Circuit Patent Updates - June 2018

WilmerHale on

Impax Laboratories Inc. v. Lannett Holdings Inc. (No. 2017-2020, 6/28/18) (Lourie, Dyk, Taranto) - Lourie, J. Affirming judgment of no invalidity for claims related to nasal spray for treatment of migraine....more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - June 2018 #2

PGS Geophysical AS, v. Andrei Iancu, Appeal Nos. 2016-2470, -2472, -2474 (Fed. Cir. June 7, 2018) - In appeals from three inter partes review, the Federal Circuit addressed transition issues for cases currently on appeal...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

Knobbe Martens

USPTO Director Grants Extension for Missed IPR Appeal to Federal Circuit

Knobbe Martens on

The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr., Ltd. v. Goto Denshi Co., Ltd.,...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

McDonnell Boehnen Hulbert & Berghoff LLP

Narrowing Jurisdiction in Covered Business Method Proceedings

In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since...more

WilmerHale

Federal Circuit Patent Updates - July 2016 #2

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WBIP, LLC v. Kohler Co. (No. 2015-1038, -1044, 7/19/16) (Moore, O'Malley, Chen) - Moore, J. Affirming denial of JMOL that patent was invalid as obvious and lacked an adequate written description, affirming finding of...more

Sheppard Mullin Richter & Hampton LLP

Court of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal

In a decision imparting more certainty to the Post Grant Review process, the Court of Appeals for the Federal Circuit (the “CAFC”) held that it lacks jurisdiction to review the Patent and Trademark Office’s (the “PTO’s”)...more

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