On October 23, 2017, a Patent Trial and Appeal Board (PTAB) panel granted Petitioner’s Motion to Submit Supplemental Information (“the Motion”) on the publication date of an asserted reference. At the time the Petition was...more
A Patent Trial and Appeal Board (PTAB) panel upheld a stay of co-pending inter partes review (IPR) proceedings pending a decision on the patent owner’s petition for writ of certiorari....more
A district court judge denied a plaintiff’s motion to preliminarily enjoin a defendant from selling saliva collection kits for DNA testing....more
Petitioners Praxair Distribution, Inc. and NOxBOX Limited filed petitions requesting inter partes review (IPR) of the claims of four related patents owned by Mallinckrodt Hospital Products IP Ltd. (“Mallinckrodt”). The claims...more
A judge in the Northern District of California has enjoined a group of defendants from selling a laboratory DNA sequencing machine. The plaintiff first asserted the patent against one defendant in litigation in the District...more
In a final written decision issued on August 30, 2016, in an inter partes review, the Patent Trial and Appeal Board (PTAB) examined whether a “Request for Comments” (RFC) document qualified as a printed publication under 35...more
FEDERAL CIRCUIT CASES -
CAFC: If (No Factual Findings), Then (No Deference) -
Two days ago, on remand from the U.S. Supreme Court, the Federal Circuit in Shire v. Watson again affirmed its reversal of the...more
6/8/2015
/ Claim Construction ,
Clear Error Standard ,
De Novo Standard of Review ,
IBM ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Remand ,
Safeway Inc ,
SCOTUS ,
Shire Development v Watson
Supplemental Information Containing Petitioner’s Statements Allowed in IPR -
A PTAB panel has granted a patent owner’s (owner) motion to submit supplemental information in an inter partes review (IPR). A motion to...more
District Court Cases -
Statistics on Inter Partes Review Proceedings Found Persuasive by Court in Granting Stay -
A district court in California has granted a defendant’s motion to stay a patent infringement...more
Federal Circuit Cases -
Denial of Petition for Inter Partes Review Is Not Appealable -
A Federal Circuit panel has granted a motion to dismiss an appeal from a Patent Trial and Appeal Board (PTAB) order denying...more
For the First Time, PTAB Rules for Patent Owner After Inter Partes Review Trial Instituted -
A PTAB panel has held, for the first time, that all challenged claims of a patent are valid following completion of an inter...more
Instead of issuing a final written order regarding patentability, a PTAB panel has terminated an inter partes review proceeding because it was unable to determine the scope of the claims at issue...more