by Jennifer Chheda, Ph.D. | Oct 26, 2021 | Federal Circuit Appeal, PTAB News
By: Jennifer J. Chheda – In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are without...
by Sarah Geers | Oct 22, 2021 | Amendment Practice, Estoppel, PTAB News, Standing, Stay
By Sarah Geers – We recently reported on bipartisan legislation introduced by Senators Patrick Leahy (D) and John Cornyn (R) to significantly revamp certain features of the America Invents Act (AIA), ten years after its debut. This proposed legislation,...
by Jennifer Chheda, Ph.D. | Oct 15, 2021 | Federal Circuit Appeal, PTAB News
By Jennifer Chheda – On September 29, 2021, the Federal Circuit in In re: Vivint, Inc. (Fed. Cir. 2021) held that 35 U.S.C. § 325(d) applies to both inter partes review (IPR) petitions and requests for ex parte reexamination. Accordingly, the Federal Circuit...
by Matthew Johnson | Oct 12, 2021 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2021 through the end of August 2021 (Oct. 1, 2020 through Aug. 31, 2021) stands at 58% (658 instituted, 471 denied) compared to 56% in the previous fiscal year. The Patent Office notes that on a...
by David Cochran | Oct 4, 2021 | PTAB News
By David Linden*, Dave Cochran, and Zach Sharb On Wednesday, September 29, 2021, Senators Patrick Leahy (D) and John Cornyn (R) introduced the Restoring the America Invents Act, a bill that would modify Patent Trial and Appeal Board (PTAB) procedures and facilitate...
by Sarah Geers | Sep 28, 2021 | Federal Circuit, Federal Circuit Appeal, Petitions, PTAB News
By Lisa Furby and Sarah Geers – In Baker Hughes Oilfield v. Hirshfeld, the Federal Circuit held that the PTAB violated the Administrative Procedure Act (“APA”) by finding certain instituted claims obvious on grounds it had indicated in its institution that it...
