by Carl Kukkonen | Feb 5, 2018 | Estoppel, Federal Circuit, Federal Circuit Appeal, Request for Reconsideration
By: Amanda Leckman and Carl Kukkonen Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...
by Kenneth Luchesi | Feb 1, 2018 | Estoppel, Federal Circuit Appeal, Final Written Decisions, Preliminary Responses
By: Kenneth Luchesi In a split decision that drew separate opinions from each of the panel members, the Federal Circuit recently affirmed the PTAB’s decision to enter an adverse judgment against a patentee, even though the patentee had properly disclaimed all of the...
by David Cochran | Jan 12, 2018 | Federal Circuit Appeal, Prior Art Issues
By Tom Ritchie and Dave Cochran In Microsoft Corp. v. Biscotti, Inc., Nos. 2016-2080, -2082, -2083, 2017 WL 6613262 (Fed. Cir. Dec. 28, 2017), a divided Federal Circuit panel affirmed the Patent Trial and Appeal Board’s decision that Microsoft failed to prove that the...
by Greg Castanias | Jan 9, 2018 | Federal Circuit Appeal, Time Limits
By Greg Castanias, Sasha Mayergoyz, John Marlott, and Dave Cochran In yesterday’s en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review of the...
by S. Christian Platt | Jan 4, 2018 | Federal Circuit Appeal
By Emily Whitcher and Christian Platt In prior blog postings, we have commented on PTAB decisions regarding the standards for demonstrating inherent obviousness (here and here). Practitioners should also be aware of a recent Federal Circuit decision clarifying the...
by David Cochran | Nov 17, 2017 | Federal Circuit Appeal
By Tom Ritchie and Dave Cochran On November 16, 2017, the PTAB announced its revised Standard Operating Procedure for decisions remanded from the Federal Circuit for further proceedings. In SOP 9, the PTAB provides guidance to panels and parties that facilitates its...