Patent Applications, Ex Partes Reexamination, Appeals

The Evolution of “New” in the “Substantial New Question” Standard in Patent Reexamination

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/14/2025

As the Patent Trial and Appeal Board and the Acting USPTO Director refocus challengers, and with them Patent Owners, towards reexamination from inter partes review proceedings, the need to understand the nuance of “new” in...more

In re Institut Pasteur (Fed. Cir. 2023)

McDonnell Boehnen Hulbert & Berghoff LLP on 12/14/2023

In the shadow of its recent, precedent-challenging In re Cellect decision, the Federal Circuit illustrated the pedestrian application of its obviousness-type double patenting jurisprudence in affirming the Patent Trial and...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

Appealing the Rejection of a Patent Application

Snell & Wilmer on 10/18/2019

Sometimes appealing an Examiner’s rejection is the only practical option. If no claims of valuable scope have been allowed or indicated as allowable, and all clarifying claim amendments, supporting evidence and salient...more

U.S. + German Patent Update – January 2019

Hogan Lovells on 1/25/2019

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. The January 2019 spotlight article covers a recent Federal Constitutional Court (FCC) decision in...more

Federal Circuit Chastises PTAB Over Moving Target On Ex Parte Appeal

Foley & Lardner LLP on 6/27/2018

The Federal Circuit decision in In re Durance is a rare precedential decision in an ex parte appeal from a Patent Trial and Appeal Board (PTAB) decision rejecting a pending patent application. The Court took the USPTO to task...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 1/30/2018

Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user interface for computing devices, not to the abstract idea of an...more

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