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The Printed Matter Doctrine: Lost in Communication

Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Claim limitations requiring communications to be “encrypted” or to deliver “program code” were not subject to the printed matter...more

PTO Director’s Estoppel Decision Ending Reexam Is Subject to Judicial Review

ALARM.COM INC. v. HIRSHFELD - Before Taranto, Chen, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: The Administrative Procedure Act (APA) permits judicial...more

Lack of Written-Description Support for Claimed Ranges Makes Parent Application Prior Art

INDIVIOR UK LIMITED v. DR. REDDY'S LABORATORIES S.A. Before Lourie, Linn, and Dyk.  Appeal from the Patent Trial and Appeal Board. Summary: Claims of a continuation application were anticipated because they were not...more

Clear Intrinsic Evidence Forecloses Extrinsic Evidence of Special Meaning

SEABED GEOSOLUTIONS (US) INC. v. MAGSEIS FF LLC. Before Moore, Linn, and Chen.  Appeal from the Patent Trial and Appeal Board. Where a claim term’s meaning is clear from the intrinsic evidence, no extrinsic evidence...more

Supreme Court Saves IPRs by Allowing PTO Director to Review Patent Judges’ Decisions

Before the United States Supreme Court.  Majority opinion by Chief Justice Roberts.  On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Summary: A statute preventing the PTO Director from...more

Federal Circuit Remands CBM Appeals Under Arthrex, Leaves Forum Selection Dispute for Another Day

NEW VISION GAMING & DEVELOPMENT, INC. V. SG GAMING, INC. Before Newman, Moore, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded two CBM decisions under...more

Inter Partes Reexam Can Trigger Issue Preclusion

SYNQOR, INC. v. VICOR CORPORATION - Before Dyk, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A finding during inter partes reexamination that two references would not be combined...more

Inventor Removed From Patent May Be Restored Due to Claim Construction

EGENERA, INC. v. CISCO SYSTEMS, INC. Before Prost, Stoll, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary: A patentee that successfully petitioned to correct a patent’s...more

Substitute Claims in IPR Are Subject to Section 101 Challenges

UNILOC 2017 LLC v. HULU, LLC - Before O’Malley, Wallach, and Taranto. O’Malley dissenting. Appeal from the Patent Trial and Appeal Board. Summary: The Board did not exceed its statutory authority in an inter partes...more

Federal Circuit Affirms Use of Common Sense for Obviousness Determination

B/E AEROSPACE, INC. v. C&D ZODIAC, INC. Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Common sense may be invoked in obviousness determination if accompanied by reasoned...more

Preamble Found Limiting Where It Supplied Antecedent Basis for Other Claim Limitations

SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN'S GROUP - Before Lourie, Moore, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In similar claims of two related patents, one preamble was limiting...more

No Specific Threat of Infringement Litigation Needed to Establish Standing for IPR Appeal

ADIDAS AG v. NIKE, INC. Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A patent challenger can establish standing to appeal a final written decision in an IPR by showing that...more

Unconstitutionally Appointed Patent Judges Cannot Decide Appeals From Inter Partes Reexaminations

Summary: When administrative patent judges are unconstitutionally appointed, their decisions in appeals from inter partes reexamination must be vacated, just like their decisions in inter partes review. Appellee Cisco and...more

U.S. Supreme Court Holds IPR Time Bar Determinations Are Not Appealable

The Decision. On April 20, 2020, the U.S. Supreme Court ruled that decisions by the Patent Trial and Appeal Board (PTAB) to institute inter partes review (IPR) are not appealable, even if such institution decisions may...more

Same-Party and New-Issue Joinder Impermissible in IPRs

FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC - Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner may not join itself to an earlier IPR in which it was already a...more

Copying May Show Nonobviousness Even If No Specific Product Is Copied

LIQWD, INC. v. L'OREAL USA, INC. Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of copying was relevant to nonobviousness even though the copied feature came from...more

Federal Circuit Rejects Written Description Analysis That Ignored Relevant Factors

IN RE: GLOBAL IP HOLDINGS LLC - Before Moore, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Written description support for a claimed genus depends on the criticality or importance of the...more

Broad Description in Specification Defeats Patent Owner’s Bid for Narrow Construction

BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC - Before Wallach, Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the U.S. District Court for the District of New...more

Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company

Federal Circuit Summaries - Before Newman, Dyk, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: An injury-in-fact is required to establish Article III standing for judicial review of agency action,...more

How Unpredictable is the Alice Analysis?

Over the last year, several Federal Circuit judges have filed opinions lamenting the state of the case law that interprets the abstract idea exception to patent eligibility under 35 U.S.C. § 101.  For example, Judge Linn...more

Will Courts Consider Evidence of Patent Eligibility?

Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to...more

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