News & Analysis as of

Appeals Patent Trial and Appeal Board Vacated

Akin Gump Strauss Hauer & Feld LLP

Licensing Evidence of Nonobviousness Does Not Require Claim-Specific Nexus

The Federal Circuit recently vacated a decision by the Patent Trial and Appeal Board after concluding that the board’s analysis of licensing evidence offered as a secondary consideration of nonobviousness constituted legal...more

McDermott Will & Schulte

Seeing double? Director instructs Board to resolve claim construction pre-institution

The acting director of the US Patent & Trademark Office (PTO) vacated and remanded a Patent Trial & Appeal Board decision to institute two inter partes review (IPR) petitions that challenged the same claims. The acting...more

Alston & Bird

Patent Case Summaries | Week Ending June 27, 2025

Alston & Bird on

CrowdStrike, Inc. v. GoSecure, Inc., Nos. IPR2025-00068, -00070 (June 25, 2025) (designated informative on June 26, 2025). Order by Stewart, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of...more

Jones Day

INFORMATIVE: Acting Director Rescinds Institution Where Claims Held Invalid in District Court Case

Jones Day on

On August 22, 2024, Hulu, LLC (“Hulu”) filed two separate petitions for inter partes review (“IPR”) of U.S. Patent No. 11,463,768 (“the ’768 Patent”), assigned to Piranha Media Distribution, LLC (“Piranha”). The ’768 Patent...more

Goodwin

The Court of Appeals for the Federal Circuit’s In Re Riggs Decision: 35 USC 102(e) Prior Art Requires Written Description Support...

Goodwin on

On March 24, 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision titled In Re: Riggs (the Riggs decision) that vacated a decision of the Patent Trial and Appeal Board (PTAB) of the US...more

Alston & Bird

Patent Case Summaries | Week Ending March 28, 2025

Alston & Bird on

Wash World Inc. v. Belanger Inc., No. 2023-1841 (Fed. Cir. (E.D. Wis.) Mar. 24, 2025). Opinion by Stark, joined by Lourie and Prost. Belanger sued Wash World for infringement of a patent related to a spray type car wash...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: In re: Riggs

In re: Riggs, Appeal No. 2022-1945 (Fed. Cir. Mar. 24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application. The case also relates to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Apple Inc. v. Gesture Technology Partners

Apple Inc. v. Gesture Technology Partners, LLC, Appeal Nos. 2023-1475, -1533 (Fed. Cir. Mar. 4, 2025) Our Case of the Week is a high-stakes appeal from an inter partes review concerning a patent titled “Camera Based...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Federal Circuit IP Appeals: Summaries of Key 2024 Decisions

2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 PTAB Year in Review: Analysis & Trends – 2024 PTAB Case Highlights

Abuse of Process and/or Sanctions – 37 C.F.R. § 42.12 - Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC, IPR2021-00847, IPR2021-00850, IPR2021-00854, IPR2021-00857 & IPR2021-00860 - Decision...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2024 #3

CloudofChange, LLC v. NCR Corp., Appeal No. 2023-1111 (Fed. Cir. Dec. 18, 2024) In our Case of the Week, the Federal Circuit addressed the question of divided infringement in the context of system claims. In its...more

A&O Shearman

Federal Circuit Vacates And Remands PTAB Decision In Palo Alto Networks v. Centripetal Networks Over Motivation To Combine Prior...

A&O Shearman on

The ’903 patent, entitled “Correlating Packets In Communications Networks,” discloses a computing system that can identify and correlate packets (“small segments that together make up a larger communication”) received and...more

McDermott Will & Schulte

A Lesson in Judicial Principles: No Dismissal After Decision

The US Court of Appeals for the Federal Circuit denied a patent owner’s motion to voluntarily dismiss the appeal following the Federal Circuit’s decision to vacate and remand the case to the Patent Trial & Appeal Board but...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2024

Cisco Systems, Inc. et al. v. K.Mizra LLC, Appeal Nos. 2022-2290, 2023-1183 (Fed. Cir. Nov. 19, 2024) In the Federal Circuit’s only precedential action this week, a panel of the Court declined to dismiss an appeal after...more

A&O Shearman

Federal Circuit Clarifies That The Meaning Of A Claim Term Can Vary While Still Remaining Consistent

A&O Shearman on

On September 16, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding a decision from the District Court of Minnesota which held the asserted claims of medical...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024

SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction....more

McDermott Will & Schulte

Drawing Can Teach Claim Limitations If “Clear on Its Face”

Addressing when a drawing in a prior art reference includes a teaching that is “clear on its face,” the Director of the US Patent & Trademark Office vacated and remanded a Patent Trial & Appeal Board decision denying...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more

McDermott Will & Schulte

Specially Convened Rehearing Panel Vacates IPR Institution Denial

In a rehearing decision issued by a Delegated Rehearing Panel specially convened by the US Patent & Trademark Office (PTO) Director, the Patent Trial & Appeal Board vacated a prior panel decision denying institution, modified...more

Sheppard Mullin Richter & Hampton LLP

Identifying Protocols by Name May Disclose Sufficient Structure for Computer-Implemented Means-Plus-Function Limitations

In Sisvel International S.A. v. Sierra Wireless, Inc. et al., Nos. 22-1493, 22-1547 (Fed. Cir. 2023), Sierra Wireless challenged claims 1-10 of Sisvel’s U.S. Patent No. 6,529,561 (“the ’561 patent”) in an inter partes review....more

Erise IP

Eye on IPRs, January 2024: Intel Damages Go to Retrial after PTAB Win, Pushback on IPR Changes, and More

Erise IP on

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: After IPR victory, Intel wins appeal on $2.2 billion patent award - Bloomberg...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2023 #3

In this week’s Case of Week, the Federal Circuit affirmed inter partes review decisions upholding as patentable Teleflex’s challenged patent claims directed to a method for use of a guide extension catheter in arteries. This...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Vacates PTAB’s Decision Based on an Overly Narrow Claim Construction

In Apple Inc. v. Corephotonics, LTD., the court addressed two final written decisions in inter partes review (“IPR”) proceedings and in particular (1) whether the Patent Trial and Appeal Board’s (“PTAB” or “Board”) claim...more

McDermott Will & Schulte

Statements in Unrelated Application Don’t Narrow Claim Term

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit vacated a stipulated judgment of noninfringement in a patent infringement dispute after construing a disputed claim term, taking a more literal approach than the district court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2023

In re PersonalWeb Technologies LLC, Appeals Nos. 2021-1858, -1859, -1860 (Fed. Cir. Nov. 3, 2023) In this appeal from the United States District Court for the Northern District of California, the question before the...more

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