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By Sandip H. Patel
n Oil States Energy Services., LLC v. Greene's Energy Group, LLC, Justice Thomas, writing for a 7-2 majority of the Supreme Court, explained that inter partes review proceedings do not violate Article III...
By Julianne Hartzell
Judge Cheney of the United States International Trade Commission held that ITC Investigative Staff are not estopped from asserting invalidity of a patent ...
By Thomas L. Duston
On October 29, 2018, the Patent and Trademark Office published a request for comments on a proposal to establish a new procedure by which patent owners may seek to amend their claims during inter partes review.
By Sandip H. Patel
The Patent Office proposed and invited comments on these changes in a May 2018 notice in the Federal Register
By Kate Nuehring Su
In its final written decision, the Board held every claim unpatentable.
By Jennifer Burnette
In this informative opinion, Luv N' Care, LTD v. McGinley, Case IPR2017-01216, Paper 13 (Sept. 18, 2017) the PTAB clarified that to be accorded a filing date, a petition must be complete, including receipt by the PTO of the petition fee for institution.
By Michael Weiner
In NantKwest, Inc. v. Iancu, No. 2016-1794 (Fed. Cir. Jul. 27, 2018) (en banc), the Federal Circuit decided en banc that attorneys' fees are not "expenses" required to be paid by an applicant who appeals ...
By Harrison B. Rose
In Matthews International Corporation v. Vandor Corporation, No. 2017-1889 (Fed. Cir. Mar. 27, 2018) (non-precedential), the Federal Circuit affirmed the PTAB's final written decision to uphold the claims...
By Eric Brusca, Ph.D.
In previous blog post, we reported that in a final written decision on October 26, 2016, the PTAB concluded that GoPro, Inc. (GoPro) failed to demonstrate that the challenged claims in a patent owned by Contour IP Holding LLC (Contour) were unpatentable
By Sandip H. Patel
Absent extraordinary circumstances, the Federal Circuit will not review Patent Trial and Appeal Board decisions refusing to institute inter partes review.
By Noah K. Tilton
In Praxair Distrib. v. Mallinckrodt Hosp. Pdts., (Fed. Circ. May 16, 2018), the Federal Circuit affirmed the PTAB's application of the printed matter doctrine in an IPR, and determined that all challenged claims were obvious.
By Tron Fu
Despite disagreeing with the PTAB's preferred claim construction, the Federal Circuit in Arendi S.A.R.L. v. Google LLC, nevertheless determined that the PTAB had correctly canceled the challenged claims.
By Julianne Hartzell
The decision is important to those served with an infringement complaint that is later dismissed without prejudice.
By Marshall Gerstein
It is undisputed that institution of an inter partes review is time-barred under 35 U.S.C. § 315(b) if the petition is "filed more than 1 year after the date on which the petitioner, the real party in interest, ...
By Sandip H. Patel
Today's Federal Register includes a notice that the Patent Office updated its August 2012 Trial Practice Guide.