News & Analysis as of July 14, 2025

Patent Litigation

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

New Guidance Regarding Fintiv Discretionary Denial at the PTAB

Holland & Knight LLP on 3/31/2025

Two recent memoranda from the Patent Trial and Appeal Board (PTAB or Board) have sought to clarify the factors by which boards will evaluate discretionary denial under Fintiv. This guidance follows the U.S. Patent and...more

PTAB Decides Concurrent IPR and PGR Petitions After Resolving Priority Date Dispute

Jones Day on 2/20/2025

In anticipating a dispute over whether the America Invents Act would apply, Petitioner MPL Brands NV, Inc. (“MPL”) filed concurrent petitions for both inter partes review and post-grant review of U.S. Patent No. 11,932,441...more

Neck or Nothing? “Quotation” Invalidates On-Sale Bar

McDermott Will & Emery on 12/19/2024

The US Court of Appeals for the Federal Circuit found the patents at issue invalid based on the patent owner’s “quotation” letter to a third party, concluding it was a commercial offer for sale under pre-America Invents Act...more

Federal Circuit Review | August 2024

Knobbe Martens on 9/10/2024

Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more

[Webinar] Discretionary Denial and Beyond: Recent Developments in AIA Trial Practice - July 27th, 9:00 am - 10:00 am PDT

Fitch, Even, Tabin & Flannery LLP on 6/30/2023

Since the introduction of inter partes review proceedings in 2012, AIA trial practice has been constantly evolving and the USPTO has signaled that big changes may be ahead. Starting with the USPTO director’s 2022 memorandum...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/9/2022

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Oral Argument in Minerva Surgical Inc. v. Hologic, Inc.

McDonnell Boehnen Hulbert & Berghoff LLP on 4/26/2021

The Supreme Court heard oral argument last week in Minerva Surgical Inc. v. Hologic, Inc. over the issue of assignor estoppel. As a reminder, the case arose in an infringement suit over U.S. Patent Nos. 6,782,183 and...more

Thryv Inc. v. Click-to-call Technologies LP

Ladas & Parry LLP on 11/24/2020

The question of whether the United States Court of Appeals for the Federal Circuit Court of Appeals has any right to examine a decision of the Patent Trial and Appeal Board (PTAB) to institute inter partes review or post...more

The PTAB Trial Tracker

Goodwin on 9/30/2020

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

PTAB Strategies and Insights - June 2020

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/25/2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Court’s Strict Interpretation of Timing Requirement May Force Patent Validity Challenges in Two Forums

Sunstein LLP on 5/19/2020

The America Invents Act (“AIA”), signed into law in 2011, introduced inter partes review (“IPR”), which allows parties to challenge the validity of patent claims in proceedings before the Patent Trial and Appeal Board...more

Federal Circuit Finds IPRs Can Circumvent Assignor Estoppel

Mintz - Intellectual Property Viewpoints on 5/6/2020

On Wednesday, the Federal Circuit held that while assignor estoppel is applicable in district court proceedings, petitions for inter partes review continue to not be subject to the equitable remedy. Assignor estoppel is an...more

No Competitor Standing for Appeal of IPR Decision Upholding Claims

McDermott Will & Emery on 9/6/2019

Again addressing the question of appellate standing for inter partes review (IPR) decisions, the US Court of Appeals for the Federal Circuit held that an IPR petitioner did not show a sufficient injury to confer Article III...more

Federal Circuit: Even The Inventor Can Challenge Patent’s Validity

Fox Rothschild LLP on 11/20/2018

Historically, inventors who assign a patent to a company or other entity have been barred from later challenging the patent’s validity under the doctrine of “assignor estoppel.” This common-law doctrine has been in place for...more

JTEKT v GKN: Lacking Standing, Competitor Cannot Appeal PTAB IPR Ruling

Fenwick & West LLP on 8/29/2018

The Federal Circuit further restricted a petitioner’s ability to appeal a decision by the Patent and Trademark Appeal Board upholding the validity of a patent. The court this month found in JTEKT v. GKN Automotive that a...more

U.S. + Germany Patent Update – July 2018

Hogan Lovells on 7/23/2018

The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

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