SCOTUS Watch: No PTAB Partial Review of Claims
In the second of two patent decisions handed down by the United States Supreme Court on April 24, 2018, SAS Inst. Inc. v. Iancu was the less visible of the two cases. However, SAS’s close split...
Category: "ptab"
SCOTUS Watch: IPRs Do Not Violate Article III or Seventh Amendment
Article III of the U.S. Constitution states: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain...
WesternGeco Damages Case Before SCOTUS in Doubt After Fed Circuit Ruling
A recently-issued decision from the Court of Appeals for the Federal Circuit may have implications on a pending case before the U.S. Supreme Court. That case, WesternGeco LLC v. ION Geophysical...
Fed Circuit Watch: Knowles Déjà Vu as PTAB Not (Necessarily) Bound to Prior Court Claim Construction
In a case of déjà vu, the Court of Appeals for the Federal Circuit handed down Knowles Electronics LLC v. Iancu, on April 6, 2018. This case bears striking resemblance to an earlier-issued case this...
Fed Circuit Watch: PTAB Obligated to Follow Own Rules
On March 19, 2018, the Court of Appeals for Federal Circuit handed down Dell Inc. v. Acceleron, LLC (and an erratum) In this case, the panel, composed of Judges Moore, Reyna, and Taranto, ruled that...
No Tribal Sovereign Immunity in IPR
On February 23, 2018, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office issued a decision denying the St. Regis Mohawk Tribe’s various motions to terminate several inter...
McAward as Precedential and Lower Standard for Indefiniteness During Prosecution
Way back on August 25, 2017, the U.S. Patent and Trademark Office designated Ex parte McAward as precedential authority for defining the USPTO and the PTAB’s policy on assessing indefiniteness as...
Fed Circuit Watch: Time-Bar in IPR Institution Petition is Appealable
One January 8, 2018, the Court of Appeals of the Federal Circuit issued Wi-Fi One, LLC v. Broadcom Corp., in which the en banc panel held the PTAB decision to institute or not an inter partes review...
SCOTUS Watch: Musings on Oil States
As we await a decision from the U.S. Supreme Court on the constitutionality of IPRs before the PTAB at the USPTO, I reviewed two related points relevant to the underlying discussion in Oil States...
SCOTUS Watch: Oral Arguments in Oil States
On November 27, 2017, the U.S. Supreme Court heard oral arguments in the Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. This case is discussed in a previous blog posting, but as a...
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