Mar 31

FEDERAL CIRCUIT SUMMARIES – March 2019

Contributors: Knobbe Martens  Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a party joined to an inter partes review has the right to appeal the Board’s final written... read more →
Mar 31

INTERNET SIGHTINGS – March 2019

Internet Sightings by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * On February 27, 2019, Robert Schaffer, Joseph Robinson, and Dustin Weeks discussed... read more →
Mar 10

FEDERAL CIRCUIT SUMMARIES – February | March 2019

Contributors: Knobbe Martens  PTAB May Invalidate Claims on Reconsideration Based on Grounds Raised in the Institution Decision that Were Not Originally Instituted In AC Technologies S.A., V. Amazon.Com, Inc., Blizzard Entertainment, Inc., Appeal No. 2018-1433, the Federal Circuit held that the PTAB correctly invalidated claims on reconsideration, based on a... read more →
Mar 10

PTAB HAPPENINGS – February | March 2019

PTAB Has Authority to Modify Initial Institution Decision in Light of SAS  by Andrew Schreiber, Matthew George Hartman & Rubén H. Muñoz, Akin Gump Cisco Sys. Inc. v. Oyster Optics, LLC, IPR2017-01720, Paper No. 31 (PTAB Jan. 22, 2019). Patent Trial and Appeal Board, Inter Partes Review In a recent... read more →
Mar 10

INTERNET SIGHTINGS – February | March 2019

Internet Sightings by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * On February 22, 2019, IPWatchdog remarked that bipartisan meetings in... read more →
Jan 30

FEDERAL CIRCUIT SUMMARIES – January 2019

Contributors: Knobbe Martens  A Post-URAA Patent that Issues After but Expires Before a Related Pre-URAA Patent Is Not a Double-Patenting Reference Against the Pre-URAA Patent  In Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc., Appeal Nos. 2017-2173, -2175, -2176, -2178, -2179, -2180, -2182, -2183, -2184, the Federal Circuit held that a... read more →
Jan 30

DISTRICT COURT & PTAB HAPPENINGS – January 2019

PTAB Denies Institution in Inter Partes Review of Patent Challenged in Twelve Previous Petitions  by Matthew George Hartman & Daniel L. Moffett Patent Trial and Appeal Board, Inter Partes Review.  Nov. 5, 2018 The Patent Trial and Appeal Board (the “Board”) exercised its discretionary power to deny institution in an... read more →
Jan 30

INTERNET SIGHTINGS – January 2019

by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * On November 30, 2018, Robert Schaffer, Joseph Robinson, and Dustin Weeks explained... read more →
Nov 01
Nov 01

District Court & PTAB Happenings – October 2018

IPR Estoppel Does Not Bar Commission Investigative Staff from Asserting Prior Art References in an ITC Investigation by Andrew Ford Schwerin, John Wittenzellner, Ruben Munoz International Trade Commission, 35 U.S.C. § 315(e)(2) estoppel Although issues of inter partes review (IPR) estoppel have arisen often in district court litigation, they have... read more →