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Federal Circuit Year in Review 2024

Report summary -Knobbe Martens' inaugural Federal Circuit Year in Review report offers a comprehensive overview of the most significant Federal Circuit rulings of 2024 and how they could shape IP law in the years ahead....more

Raise It or Lose It! The Federal Circuit Will Not Address Obviousness Arguments First Raised by the PTO on Appeal

In Re Google LLC - Before: Moore, Lourie, and Prost. Appeal from the Patent Trial and Appeal Board. Summary: The PTO’s arguments on appeal did not reflect the record below....more

Vacated Vacatur Terminates Termination

POLARIS INNOVATIONS LIMITED v. BRENT - Before Prost, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board - Summary: Affirming the Board’s decision not to terminate case remanded under Arthrex I and upholding...more

Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR

GOOGLE LLC v. IPA TECHNOLOGIES INC. Before Dyk, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: For purposes of determining whether a reference was prior art, the Board has an obligation...more

Reviewability of PTAB Estoppel Decisions

UNILOC 2017 LLC v. FACEBOOK INC. Before Lourie, Wallach, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 314(d) does not preclude Federal Circuit review of the Patent Trial and Appeal...more

Controlling Your Own Destiny: Patent Owner Unilaterally Moots Appeal to Preserve Favorable PTAB Determination

ABS GLOBAL, INC. V. CYTONOME/ST, LLC - Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner may moot a petitioner’s appeal of an IPR final written decision of no...more

Time-bar Challenges to IPR under Section 315(b) Can Be Waived

Time-bar Challenges to IPR under Section 315(b) Can Be Waived - ACOUSTIC TECHNOLOGY INC. v. ITRON NETWORKED SOLUTIONS INC (NOS. 2019-1059 & 2019-1060) - ACOUSTIC TECHNOLOGY INC. v. ITRON NETWORKED SOLUTIONS INC (NO....more

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