Federal Circuit Remands Reexaminations Based on Erroneous Claim Constructions
On March 10, 2016 the Federal Circuit sent two Patent Trial and Appeal Board (“PTAB” or “Board”) reexaminations back to the Patent Office. In proceedings initiated by IBM and SAS Institute Inc., the...
View ArticleBoard Cannot Adopt New Claim Construction Without Giving Notice to the Parties
The Federal Circuit held that the Board’s changed claim construction of “data flow,” violated the Administrative Procedure Act (APA), even if it was correct. In particular, it deprived the petitioner...
View ArticleSCOTUS to hear SAS Institute v. Lee, could impact estoppel effect of IPR...
The nation’s highest court will once again address issues surrounding the controversial Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO). The case it will...
View ArticleWhy SAS Institute Matters More Than Oil States
Oil States Energy Services LLC v. Greene’s Energy Group, LLC, now scheduled for oral argument before the Supreme Court on November 27, is clearly receiving all the attention this fall. The possibility...
View ArticlePredicting SAS Institute in Advance of SCOTUS Oral Arguments
The United States Supreme Court will hear oral arguments in SAS Institute v. Matal on Monday, November 27, 2017. This case will give the Supreme Court the opportunity to declare whether the Patent...
View ArticlePredicting SAS Institute v. Matal after SCOTUS Oral Arguments
My thoughts continue to be that the statute is very simple and mandates the PTAB to issue a final written decision on all claims challenged. This seemed to be consistent with what Justice Alito and...
View ArticleUSPTO Issues Guidance on Effects of Supreme Court’s Decision in SAS Institute...
On Thursday, April 26th, the U.S. Patent and Trademark Office issued new guidance regarding the effects of the U.S. Supreme Court’s judgment in SAS Institute Inc. on America Invents Act (AIA) trial...
View ArticleThe State of the U.S. Patent System: From Oil States to Patent Eligibility
One week ago, the United States Supreme Court issued two decisions pertaining to inter partes review (IPR) challenges at the Patent Trial and Appeal Board (PTAB). Meanwhile, the United States Patent...
View ArticleRethinking Article III Standing in IPR Appeals at the Federal Circuit
In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged. In some cases, existing post-issuance...
View ArticleFederal Circuit Hears Oral Arguments on St. Regis Appeal of Tribal Sovereign...
On Monday, June 4th, the Court of Appeals for the Federal Circuit heard oral arguments in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals, a case appealed from the Patent Trial and Appeal Board (PTAB)...
View ArticleIPR Outcomes of Orange Book Patents and its Effect on Hatch-Waxman Litigation
Out of the 230 Orange Book patents challenged in IPR proceedings, 90.4% (208) of these patents were also challenged in Hatch-Waxman litigation perhaps due to the lucrative 180-day exclusivity incentive...
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