In cxLoyalty, Inc. v. Maritz Holdings Inc., Nos. 2020-1307, 1309 (February 8, 2021), the Federal Circuit found both original and substitute claims in a covered business method review ineligible for patent protection under 35 U.S.C. § 101.Read more
Continue Reading Redemption of Loyalty Points Is a Patent-Ineligible Abstract Idea, Federal Circuit Holds

In Canfield Sci., Inc. v. Melanoscan, LLC, No. 19-1927 (Fed. Cir. Feb. 18, 2021), the Federal Circuit applied KSR v. Teleflex to reverse in part the PTAB’s decision of nonobviousness.Read more
Continue Reading Coming into Focus: Federal Circuit Reverses PTAB, Finds Independent Claims of Immersion Photography Device Unpatentable as Obvious

In Mylan Labs. Ltd. v. Aventis Pharma S.A., IPR2016-00712, Paper 112 (P.T.A.B. Oct. 22, 2019), aff’d without opinion (Fed. Cir. Jan. 15, 2021), the Patent Trial and Appeal Board (“PTAB”) granted Patent Owner’s motion to amend, finding that Petitioner had…
Continue Reading No Unpatentability in a Successful Motion to Amend

On February 1, 2021, the Federal Circuit partially vacated the PTAB’s invalidation of a video compression patent challenged by Samsung, holding that the Board “deviated impermissibly from the invalidity theory set forth in Samsung’s petition,” but affirming that Samsung’s relied-upon…
Continue Reading Federal Circuit Partially Vacates PTAB Decision in Mixed Victory for Samsung

In ABS Glob., Inc. v. Cytonome/ST, LLC, No. 2019-2051 (Fed. Cir. Jan. 6, 2021), a panel of the U.S. Court of Appeals for the Federal Circuit (STOLL, Moore) (Prost, dissenting-in-part) dismissed a petitioner’s appeal from the Final Written Decision of…
Continue Reading Disavowal of Infringement Case Moots IPR Appeal

On January 6, 2021, the U.S. Patent & Trademark Office issued a memorandum to the Patent Trial and Appeal Board, requiring that, in post-grant trial proceedings, the Board must follow the same indefiniteness standard used in district courts.  The Board…
Continue Reading USPTO Issues Memorandum Aligning Indefiniteness Standard with District Court

The Patent Trial and Appeal Board issued 37 IPR and CBM Final Written Decisions in October, including decisions following remands from the Federal Circuit, cancelling 297 (61.49%) instituted claims while maintaining the patentability of 159 (32.92%) instituted claims.  Patent owners…
Continue Reading IPR and CBM Statistics for Final Written Decisions Issued in October and November 2020