In an order issued on April 4, 2018, Judge Lynn granted plaintiff ZitoVault’s motion for summary judgment under 35 U.S.C. 315(e)(2), holding that defendant IBM is estopped from asserting invalidity defenses based on prior art...more
4/18/2018
/ Amazon ,
Anticipation ,
Estoppel ,
Final Written Decisions ,
IBM ,
Inter Partes Review (IPR) Proceeding ,
Motion for Summary Judgment ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art
On March 23, 2018, a district court judge issued a preliminary injunction requiring the defendants to withdraw their petitions for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The court granted...more
4/9/2018
/ Breach of Contract ,
Forum Selection ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
License Agreements ,
Patent Invalidity ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Preliminary Injunctions
The Patent Trial and Appeal Board (PTAB) denied a petitioner’s request for rehearing of its decision declining institution of inter partes review of a patent owned by Bose Corporation (“Patent Owner.”) The PTAB upheld its...more
The Patent Trial and Appeal Board (PTAB) denied Pfizer, Inc.’s (“Petitioner”) petition to institute an inter partes review (IPR) of the sole claim of Biogen Inc.’s (“Patent Owner”) U.S. Patent 8,329,172 (the “’172 Patent”)....more
In a recent decision, Judge Schroeder of the Eastern District of Texas rejected the argument that decisions of the United State Patent and Trade Office (USPTO) invalidating patents held infringed by a jury means that a...more
11/3/2017
/ Appeals ,
Apple ,
Enhanced Damages ,
Final Written Decisions ,
Inter Partes Reexamination ,
Jury Verdicts ,
Motion for Judgment ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
USPTO ,
Willful Infringement
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
Obviousness challenges are popular post-grant challenges before the Patent Trial and Appeal Board (PTAB). Generally, under 35 U.S.C. § 103 (“§ 103”), the courts make legal and factual inquiries into (1) the scope and content...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 Reverses PTAB’s Conclusion that Claims Challenged in Reexamination Would Have Been Obvious -
On August 31, 2016, the Federal Circuit issued a non-precedential opinion reversing a judgment by the Patent...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
Improper Submission of New Evidence Undermines Patent Challenge -
In its final written decision, a PTAB panel granted a patent owner’s (owner) motion to exclude evidence submitted by a petitioner in support of its...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
DISTRICT COURT CASES -
Rule 11 Sanctions Warranted Due to Plaintiff’s Objectively Unreasonable Claim Construction -
A district court in Delaware has granted a defendant’s motion for sanctions against a plaintiff...more
A PTAB panel has rejected a patent owner’s evidence of objective indicia of non-obviousness because it lacked the proper nexus with the claimed subject matter. In its brief, the patent owner had argued that praise by others,...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