New Developments in Obviousness-Type Double Patenting and Original Patent Requirements — Patents: Post-Grant Podcast
Inter Partes Review: Validity Before the PTAB
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: USPTO Director Vidal to Step Down - On November 12, Under Secretary of...more
All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are...more
Precedential and Key Federal Circuit Opinions - 1. FINJAN LLC V. SONICWALL, INC [OPINION] (22-1048, 10/13/2023) (Reyna, Bryson, and Cunningham) - Cunningham, J. The Court vacated the district court’s judgment of...more
Precedential Federal Circuit Opinions - MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. [OPINION] (21-2359, 21-2362, 21-2366, Moore, Lourie, and Dyk) - Moore, Chief J. The Court affirmed a PTAB decision (1) finding...more
The PTAB may sua sponte raise unpatentability grounds based upon the prior art of record when reviewing a motion to amend. Nike, Inc. v. Adidas AG, 955 F.3d 45, 51 (Fed. Cir. 2020). It is now clear, however, that the PTAB...more
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