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Constitutional Issues Arising From PTAB Decisions Must Be Appealed to the Federal Circuit

SECURITY PEOPLE, INC. v. IANCU - Before Lourie, Wallach, and Hughes.  Appeal from the United States District Court for the Northern District of California - Summary: Congress foreclosed the possibility of...more

Remands Under Arthrex Limited to Final Written Decisions Issued Prior to Arthrex

CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA, INC. Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Remand of an IPR based on Arthrex is not justified where the final written...more

Stated Purpose of Invention May Limit Claim Scope

KAKEN PHARMCEUTICAL CO., LTD., BAUSCH HEALTH COMPLAINTS INC., V. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADE MARK OFFICE - Judges: Newman,...more

PTAB Required to Provide Interpretation of Regulation Concerning Determination of Which Patents Qualify for CBM Review

SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part Summary: The language “unobvious over the prior art” in...more

Bennett Regulator Guards, Inc. v. Atlanta Gas Light Company

Federal Circuit Summary - Before Lourie, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 315(b), which prohibits the Board from instituting an IPR based on a petition filed...more

Ericsson Inc. v. Intellectual Ventures I LLC.

Federal Circuit Summaries - Before Prost, Newman, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: An unsupported expert opinion does not constitute substantial evidence to contradict a prior art...more

Federal Circuit Upholds IPR Decision of Unpatentability in Skky v. MindGeek

The Federal Circuit upheld an IPR final written decision by the PTAB holding that MindGeek’s claims were unpatentable in Skky, Inc. v. MindGeek, S.A.R.L., No. 2016-2018 (Fed. Cir. June 7, 2017). ...more

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