News & Analysis as of

Patents Patent Applications Inter Partes Reexamination

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

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

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

Foley & Lardner LLP

Don't Touch That Priority Claim!

Foley & Lardner LLP on

In Natural Alternatives Intl. Inc. v. Iancu, the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) that the patent at issue was not entitled to its earliest claimed priority date because...more

Cozen O'Connor

Natural Alternatives International, Inc. v. Iancu - The Importance of Properly Maintaining Priority

Cozen O'Connor on

On October 1, 2018, the Federal Circuit issued an opinion, Natural Alternatives International, Inc. v. Iancu, concerning priority claims in familial patent applications. The Federal Circuit’s Natural Alternatives decision...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - October 2018 #2

PATENT CASE OF THE WEEK - Natural Alternatives International, Inc. v. Iancu, Appeal No. 2017-1962 (Fed. Cir. Oct. 1, 2018) In an appeal from an inter partes reexamination, the Federal Circuit affirmed the Board’s...more

Foley & Lardner LLP

Federal Circuit Criticizes PTAB Reliance On Routine Testing

Foley & Lardner LLP on

In Honeywell International, Inc. v. Mexichem Amanco Holdings S.A. DE C.V., the Federal Circuit vacated the decision of the USPTO Patent Trial and Appeal Board that invalidated Honeywell’s patent in an inter partes...more

McDermott Will & Emery

Declarations from Inventors of Prior Art Could Create Genuine Dispute over Motivation to Combine - Ivera Medical Corp. v. Hospira,...

McDermott Will & Emery on

Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit held that the district court erred in granting summary judgment of invalidity because plaintiff patentee established a genuine issue of...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013): Inter Partes Review and Inter...

On September 16, 2012, Inter Partes Review (IPR) replaced Inter Partes Reexamination (IPX) as an avenue for third party patentability challenges in the United States Patent and Trademark Office (PTO). Arising from the 2011...more

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