by David Cochran | Oct 9, 2017 | Federal Circuit Appeal
By Jaime Choi and Dave Cochran In IPR2014-01198, the PTAB found that the patent owner failed to prove that the patented invention was conceived prior to the date of the prior art, and thus concluded that the patent was unpatentable. The Federal Circuit disagreed,...
by Carl Kukkonen | Jun 7, 2017 | Claim Construction, Federal Circuit Appeal
By Stephanie Brooker and Carl Kukkonen On May 8, 2017, in Intellectual Ventures II LLC v. Ericsson Inc., 15-1739, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) inter partes review (IPR) claim constructions in a non-precedential decision. ...
by Greg Castanias | May 26, 2017 | Federal Circuit Appeal, Final Written Decisions, PTAB News
By Greg Castanias On Monday, May 22, the United States Supreme Court agreed to review the Federal Circuit’s decision in SAS Institute Inc. v. Lee, No. 16-969. The petition for certiorari, which was filed by Jones Day lawyers Greg Castanias, John Marlott, and Dave...
by Jones Day's PTAB Team | May 16, 2017 | Federal Circuit Appeal, PTAB News
By Greg Castanias, Sasha Mayergoyz, and Stuart Yothers On May 11, 2017, with six of its twelve active judges authoring or joining separate opinions, the Federal Circuit denied a petition for an initial hearing en banc which asked the full Court to address the question...
by John Marlott | May 11, 2017 | Federal Circuit Appeal, Time Limits, Trial Institution
By John Marlott The en banc Federal Circuit is currently considering whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar on IPR petitions can be reviewed on appeal. In Wi-Fi One v. Broadcom Corp, the en banc Court is set to decide the following...
by John Marlott | Apr 19, 2017 | Federal Circuit Appeal
By Christian Damon, Patrick O’Rear, and John Marlott As we have previously discussed on this blog, when considering an issue of patentability such as definiteness under section 112, the PTAB and a district court may properly reach opposite conclusions. In...
