by Matthew Johnson | Jun 28, 2024 | District Court, Estoppel, Federal Circuit, PTAB News
By Sabrina Bellantoni and Matt Johnson – Recently, District Court Judge Thomas S. Zilly in the Western District of Washington granted Ironburg Inventions Ltd.’s (“Ironburg”) motion for inter partes review (“IPR”) estoppelpursuant to 35 U.S.C. § 315(e)(2), which...
by John Evans, Ph.D. | Feb 12, 2024 | Design Patents, Federal Circuit
By Jesse Wynn and John Evans – Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough...
by Matthew Johnson | Feb 8, 2024 | Claim Construction, Federal Circuit, PTAB News
By Luke Cipolla, Matt Silveira, and Matt Johnson – In Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., the Federal Circuit recently affirmed two PTAB decisions in IPRs filed by Pacific Biosciences of California, Inc. (PacBio) that...
by David Maiorana | Nov 16, 2023 | Federal Circuit, Federal Circuit Appeal, PTAB News
By Dave Maiorana and Megan McKnelly – In a precedential opinion, the Federal Circuit affirmed two Patent Trial and Appeal Board (“PTAB”) patentability decisions, holding that the PTAB did not abuse its discretion by not addressing arguments not clearly presented...
by Marc S. Blackman | Sep 22, 2023 | Federal Circuit, Final Written Decisions
By Marc Blackman – In a precedential opinion, the Court of Appeals for the Federal Circuit vacated a final written decision in which the Patent Trial and Appeal Board (“PTAB”) found that Apple had failed to meet its burden of showing unpatentability due to an...
by Josh Nightingale | Jun 13, 2023 | Federal Circuit
By Adam J. Cook* and Josh Nightingale – Absent exceptional circumstances, the Federal Circuit will generally not consider arguments that a party failed to present in the tribunal under review. In Netflix, Inc. v. DivX, LLC, the Federal Circuit held that IPR...
