by Matthew Johnson | Nov 9, 2023 | Evidentiary Issues, Federal Circuit Appeal, Final Written Decisions
By Jack Graves and Matt Johnson – In Elekta Limited v. Zap Surgical Systems, Inc., the Federal Circuit recently affirmed a PTAB decision finding certain claims of a patent owned by Elekta Limited (“Elekta”) to be unpatentable, even though the PTAB decision had...
by Carl Kukkonen | Oct 30, 2023 | Amendment Practice, Federal Circuit Appeal, PTAB News
By Carl Kukkonen and Matt Carey – The Federal Circuit in Sisvel International S.A. v. Sierra Wireless, Inc. (Fed. Cir. Sept. 1, 2023) (Prost, Reyna, and Stark) affirmed a PTAB decision finding anticipated and/or obvious certain claims of two patents directed to...
by Matthew Johnson | Sep 7, 2023 | Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – Effective July 24, 2023, the Patent Office updated its procedures for Interim Director Review (“DR”) of PTAB decisions. The updated procedures include the following key provisions: Expanding the process to permit parties to...
by John Marlott | Jul 5, 2023 | Estoppel, Federal Circuit Appeal, PTAB News
By John Marlott and John Wright – The Supreme Court will not consider a challenge to the proper scope of AIA statutory estoppel, leaving the Federal Circuit’s governing interpretation in place. The Court’s June 26, 2023 order list denied the pending petition for...
by Matthew Johnson | Feb 3, 2023 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues, PTAB News
By Sue Gerber and Matt Johnson – Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB. In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior...
by Sarah Geers | Jan 20, 2023 | Claim Construction, Federal Circuit Appeal
By Sarah Geers, Ashvi Patel, and Stephanie Mishaga – The Federal Circuit recently held, in Cupp Computing AS v. Trend Micro Inc., that a disclaimer in an inter partes review (IPR) proceeding is not binding on the USPTO in the same proceeding in which the...
