On May 27, 2020, the Federal Register published proposed rule changes to trial procedures before the PTAB. The rule changes address and codify the following...more
Virnetx Inc. v. Cisco Systems, Inc., Appeal No. 2019-1671 (Fed. Cir., May 13, 2020).
Inter partes reexamination was a non-trial procedure that allowed third parties to participate in patent reexamination, and has now been...more
Image Processing Technologies LLC v. Samsung Electronics Co., LTD. et al., Appeal Nos. 2018-2156, 2019-1408, 2019-1485 (Fed. Cir. March 2, 2020).
The Federal Circuit vacated and remanded the PTAB’s decisions against Image...more
3/4/2020
/ Administrative Patent Judges ,
Appointments Clause ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Judicial Appointments ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
Samsung ,
Stays ,
USPTO ,
Vacated
Laura Peter, Deputy Director, Patent and Trademark Office v. NantKwest, Inc., No. 18-801 (December 11, 2019) -
Yesterday, the Supreme Court overruled a recent interpretation of 35 USC §145 by the U.S. Patent and Trademark...more
12/12/2019
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Attorney's Fees ,
Fee-Shifting ,
Intellectual Property Protection ,
Litigation Fees & Costs ,
Patent Trial and Appeal Board ,
Patents ,
Statutory Interpretation ,
USPTO
On October 17, 2019, the U.S. Patent and Trademark Office issued a 22-page updated guidance document on subject matter eligibility under 35 USC §101. Subject matter eligibility is becoming increasingly important in the...more
The Federal Circuit just issued a decision that confirms its stance on Article III standing for appeals from inter partes reviews (IPRs), making it tougher for unsuccessful IPR petitioners to obtain judicial review of U.S....more
2/8/2019
/ Appeals ,
Article III ,
Biosimilars ,
Bristol-Myers Squibb ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Momenta ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standing ,
USPTO