Building a Cost-Effective Global Patent Portfolio Using the Netherlands
3 Key Takeaways | Third party Prior Art Submissions at USPTO
Conflicting Application in Chinaâs Patent System
Patent Right Evaluation Report in Chinaâs Patent System
Stages of Patent Invalidation Proceedings
The Patent Process | Interview with Patent Attorney, Robert Greenspoon
Secondary Considerations of Non-Obviousness - Patents: Post-Grant Podcast
Nonpublication Requests For Patent Applications: Disadvantages
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
Is The Deck Stacked Against Patent Owners In The PTAB?
What the First-to-File Patent Change Means (And What IP Strategists Should Do About It)
On October 29, 2024, BabyBjĂśrn AB (âBabyBjĂśrnâ) filed two separate petitions for inter partes review (âIPRâ) of U.S. Patent No. 11,786,055 (âthe â055 Patentâ), which is assigned to The ERGO Baby Carrier, Inc. (âERGO Babyâ). ...more
Recently, an ITC Administrative Law Judge applied IPR statutory estoppel under 35 U.S.C. § 315(e)(2) in denying a Respondentâs motion for summary determination of invalidity in Certain Audio Players and Components Thereof,...more
In IOENGINE, LLC v. Ingenico Inc. (Fed. Cir. 2025), the Federal Circuit narrowed the scope of IPR estoppel under 35 U.S.C. § 315(e)(2), which precludes an IPR petitioner from asserting in court that a patent claim âis invalid...more
In a matter of first impression, the US Court of Appeals for the Federal Circuit found that inter partes review (IPR) estoppel does not preclude a petitioner from relying on the same patents and printed publications as...more
On May 7, 2025, the U.S. Court of Appeals for the Federal Circuit (âCAFCâ) affirmed a decision by the U.S. District Court for the District of Delaware (âdistrict courtâ) that found claims of two IOENGINE, LLC (âIOENGINEâ)...more
In Thermaltake Technology Co., Ltd. et al v. Chien-Hao Chen et al, IPR2024-01230, Paper 12 (PTAB Feb. 19, 2025), the PTAB granted the institution of inter partes review (âIPRâ) while an ex parte reexamination (âEPRâ) on the...more
Recently, the Patent Trial and Appeal Board (âthe Boardâ) was persuaded to consider the merits of three out of seven concurrent petitions for an inter partes review of a single patent due to the patentâs complicated claiming...more
Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more
Experts play a crucial role in patent cases. Experts opine on claim construction, infringement, invalidity and the proper amount of damages. And the exclusion of an expert witness can significantly impact the outcome of a...more
On March 4, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Boardâs (âPTABâ) decision in Restem, LLC v. Jadi Cell, LLC, No. 23-2054, 2025 WL 679195, at *1 (Fed. Cir. Mar. 4, 2025), finding that the patent...more
Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they...more
Parties involved in Patent Trial and Appeal Board (PTAB) proceedings sometimes contemplate submitting experimental data to support their positions. Although such data can be useful, there also are risks. Several recent cases...more
âBecause Congress intended inter partes reviews to serve as a faster and more cost-effective alternative to litigating validity in district courts, discovery in inter partes reviews is limited.â See Garmin Intâl, Inc. v....more
In this edition of The Precedent, we outline the validity of a pharmaceutical patent concerning the patentâs written description. Following an appeal from the United States District Court for the District of Delaware, the...more
On June 6, 2024, Shenzhen Waydoo Intelligence Technology Co., Ltd. (âWaydooâ) filed a petition for inter partes review (âIPRâ) of U.S. Patent No. 9,359,044 (âthe â044 Patentâ) (âIPR998â), assigned to MHL Custom, Inc. (âMHLâ)....more
Three subjects stood out in patent litigation in Texas in December 2024: (1) knowledge of related patents, general patent portfolio, or other asserted patents do not establish the knowledge requirement for pre-suit indirect...more
The Patent Trial and Appeal Board (âPTABâ) recently denied institution in an inter partes review (âIPRâ) where Petitioner later filed a parallel petition against the same claims of the same patent.  Shenzhen Root Tech. Co.,...more
In a recent precedential opinion, the United States Court of Appeals for the Federal Circuit affirmed that a patent application constitutes prior art as of its filing date, not its publication date. In Lynk Labs. Inc. v....more
In its first precedential opinion of 2025, Honeywell v. 3G Licensing, No. 2023-1354, the Federal Circuit held that a person of ordinary skill in the art (POSA) needs not to have the same motivation as the inventor in an...more
Recently, the Patent Trial and Appeals Board (âPTABâ) released a final written decision finding no challenged claims were unpatentable in Duration Media LLC v. Rich Media Club LLC, IPR2023-00953, Paper 74 (August 19, 2024). ...more
In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publicationsâeven if the images showed the product and the date it was...more
In Pfizer Inc., v. Sanofi Pasteur Inc., SK Chems Co. Ltd., v. Vidal, 2019-1871 (March 5, 2024), the Federal Circuit affirmed the Boardâs conclusions that claims 1â45 of U.S. Patent No. 9,492,559 were unpatentable due to...more
A district court recently granted a Rule 12(b)(6) dismissal of patent claims directed to intermittent fault detection (IFD) technology for electrical systems in aircrafts, deciding that the asserted claims are patent...more
Luv Nâ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this weekâs Case of the Week, the Federal Circuit affirmed the district courtâs bench trial decision that unclean hands...more
Janssen Pharms., Inc. et al. v. Teva Pharm. USA, Inc. et al., Appeal Nos. 2022-1258, -1307 (Fed. Cir. April 1, 2024) In this weekâs Case of the Week, the Federal Circuit vacated-in-part a district courtâs bench trial...more