by Matthew Johnson | Nov 1, 2019 | Federal Circuit Appeal, Final Written Decisions, PTAB News
On Thursday, a panel of the Federal Circuit found that PTAB judges have to date been unconstitutional appointments. The panel thinks that it has cured that issue going forward by severing a portion of Title 35 that allows for removal of PTAB judges only for cause....
by Vishal Khatri | May 1, 2019 | Final Written Decisions
By: Yury Kalish and Blaney Harper – The ITC issued a final determination in a long-running dispute between Sony and Fujifilm. Certain Magnetic Tape Cartridges And Components Thereof, Inv. No. 337-TA-1058, Notice Of A Commission Final Determination (March 25,...
by David Maiorana | Feb 25, 2019 | Final Written Decisions
By Jordan Powers and Dave Maiorana In SAS Institute v. Iancu, the Supreme Court held that when the PTAB institutes inter partes review under 35 U.S.C. § 314, it must decide the patentability of all claims the petitioner has challenged. SAS Institute left open the...
by Kenneth Luchesi | Jan 25, 2019 | Federal Circuit Appeal, Final Written Decisions
By Kenny Luchesi Amazon.com, Inc. and Blizzard Entertainment, Inc. (“Amazon”) filed a petition for inter partes review challenging the validity of AC Technologies S.A.’s (“AC”) U.S. Patent No. 7,904,680. See IPR2015-01802. Amazon asserted three grounds of...
by John Marlott | Oct 18, 2018 | Final Written Decisions, Request for Reconsideration, Trial Institution
By T. Kaitlin Crowder, John Marlott, and Dave Cochran The PTAB may institute IPR proceedings only on the basis of certain prior art that is potentially invalidating under § 102 (novelty) or § 103 (obviousness). The PTAB may not institute IPR on any other...
by John Evans, Ph.D. | Jul 16, 2018 | Final Written Decisions
By: John C. Evans, Ph.D. and Aryane GaransiAchilles Heel Like utility patents, design patent validity can be challenged in inter partes review (“IPR”) proceedings. Nonetheless, the Patent Trial and Appeal Board (“PTAB” or the “Board”) tends to reach different results...