by Matthew Johnson | Jul 28, 2021 | Federal Circuit Appeal, Petitions
By Albert Liou – The Federal Circuit’s recent decision in Microsoft Corporation v. FG SRC, LLC, No. 2020-1928 (Fed. Cir. June 17, 2021), is a stark reminder that an IPR petitioner must always set forth its grounds in its petition with particularity. In the...
by John Evans, Ph.D. | Jul 19, 2021 | Federal Circuit Appeal, PTAB News
By John Evans, Dave Maiorana, and Steven Nosco* – On June 21, 2021, the Supreme Court issued a decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal officer” authority in their final written...
by Matthew Johnson | Jun 30, 2021 | Federal Circuit Appeal, PTAB News
By Matt Johnson – On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision. This Arthrex protocol is similar to the current procedure for requesting...
by Carl Kukkonen | Jun 9, 2021 | Federal Circuit Appeal
By Chris Hodge and Carl Kukkonen – On May 28, the Federal Circuit reversed a PTAB inter partes review (“IPR”) decision that held Baxter Corporation Englewood’s (“Baxter’s”) claims were not invalid under 35 U.S.C. § 103(a) obviousness based on three prior art...
by Sarah Geers | May 26, 2021 | Amendment Practice, Federal Circuit Appeal
By Sarah Geers – Claims added or amended during inter partes review (“IPR”) do not become part of a patent until the Patent Office officially says so by issuing an IPR certificate under 35 U.S.C. § 318(b). The patentee needs more than a Final Written Decision...
by Matthew Johnson | May 4, 2021 | Federal Circuit Appeal
By Alison Ibendahl and Albert Liou – An April 13, 2021 decision by the Federal Circuit denied a motion to vacate and remand PTAB decisions based on the Federal Circuit’s October 2019 decision in Arthrex v. Smith & Newman, Inc., et al., 941 F.3d 1320 (Fed....
