FWDs Issue in the Nick of Time to Suspend ITC Orders
By Steve Bradley, Emily Tait, and Marc Blackman - After finding that Apple infringed certain AliveCor patents related to wearable devices capable of monitoring a user’s cardiac activity, the International Trade Commission (“ITC”) entered a limited exclusion order and...
Panel Grants Rehearing and Reverses Itself On Patentability
By Ryan Mueller and Lisa Furby - On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996, finding...
Federal Circuit Tables Scrutiny of Rosen under KSR
By John Evans and Jesse Wynn - A recent post flagged LKQ v. GM as a potential watershed moment in design patent validity law, calling into question whether In re Rosen, long-standing obviousness precedent, comports with the Supreme Court’s decision in KSR. Rosen...
PTAB Denies Joinder To Settled IPR
By David Linden and Dave Maiorana - On September 1, 2022, CommScope, Inc. (“CommScope”) filed a Petition for inter partes review (“IPR”) of claims 8–10, 15, 24–26, and 31 of U.S. Patent No. 8,462,835 (“the ’835 Patent”) in IPR2022-01443 (“the ’443 IPR”). The ’835...
Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence
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 art,...