Inter Partes Review (IPR) Proceeding, Voluntary Dismissals, Vacated

A Lesson in Judicial Principles: No Dismissal After Decision

McDermott Will & Emery on 12/5/2024

The US Court of Appeals for the Federal Circuit denied a patent owner’s motion to voluntarily dismiss the appeal following the Federal Circuit’s decision to vacate and remand the case to the Patent Trial & Appeal Board but...more

Supreme Court To Decide Appealability of PTAB’s Time-Bar Determinations

Jones Day on 6/26/2019

On June 24, in Dex Media, Inc. v. Click-To-Call Technologies, LP, No. 18-916 (U.S.), the Supreme Court agreed to review the question whether 35 U.S.C. § 314(d) permits appeal of the PTAB’s decision to institute an inter...more

PTAB: Federal Circuit’s Click-to-Call Holding Applies to Statutory Bar Under 35 U.S.C. § 315(a)

Akin Gump Strauss Hauer & Feld LLP on 4/15/2019

The Patent Trial and Appeal Board (the “Board”) vacated its institution decision and terminated an inter partes review (IPR) filed by Mylan Pharmaceuticals, Inc. (“Mylan”) based on Mylan’s prior counterclaim seeking a...more

Federal Circuit Patent Updates - August 2018

WilmerHale on 8/31/2018

Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

Luminara Worldwide, LLC v. Iancu

Knobbe Martens on 8/29/2018

Federal Circuit Summary - Before Lourie, Dyk, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The section 315(b) time-bar for IPRs applies even when the underlying complaint alleging infringement...more

Fresh From the Bench - August 2018 #2

Schwabe, Williamson & Wyatt PC on 8/21/2018

PATENT CASE OF THE WEEK - Click-to-Call Technologies, LP v. Ingenio, Inc., Appeal No. 2015-1242 (Fed. Cir. Aug. 16, 2018) In an appeal of an inter partes review, the Federal Circuit reviewed for the first time the...more