The Patent Trial and Appeal Board issued 65 IPR and CBM Final Written Decisions in July, including decisions following remands from the Federal Circuit, cancelling 474 (53.44%) instituted claims while maintaining the patentability of 378 (42.62%) instituted claims. Patent owners
AIA Blog
The AIA Blog, published by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, focuses on issues related to patent law and proceedings before the Patent Trial and Appeal Board (PTAB). It covers topics such as inter partes review (IPR), covered business method (CBM) reviews, patent eligibility under Section 101, claim definiteness, motions to amend patents, and Federal Circuit decisions impacting patentability standards. The blog provides updates and analysis on patent litigation strategies, PTAB procedural developments, and key rulings affecting patent claims and their validity.
Latest from AIA Blog - Page 3
Two NHK Spring Denials Apply Fintiv Factors
Discretionary denial of inter partes review under 35 U.S.C. § 314(a) is guided by the precedential decision NHK Spring Co. v. Intri-Plex Technologies, Inc., IPR2018-00752, Paper 8 (PTAB Sept. 12, 2018). Denial under NHK is further guided by Apple Inc. v.…
IPR and CBM Statistics for Final Written Decisions Issued in June 2020
The Patent Trial and Appeal Board issued 28 IPR and CBM Final Written Decisions in June, including decisions following remands from the Federal Circuit, cancelling 234 (72.67%) instituted claims while declining to cancel 88 (27.33%) instituted claims. Patent owners did…
Federal Circuit Affirms PTAB’s Sanctions Order Regarding Ex Parte Communications
Apple filed petitions for inter partes review against two patents Voip-Pal had asserted against it in district court; both reviews were instituted. During the proceedings, Dr. Thomas Sawyer, the former CEO of Voip-Pal, sent six letters directed to various members…
Federal Circuit PTAB Appeal Statistics Through July 31, 2020
By Publisher
Through July 31, 2020, the Federal Circuit decided 764 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 560 (73.30%) cases and reversed or vacated the PTAB on every issue in 103 (13.48%)…
Don’t Estop What Couldn’t Have Been Asserted
By Publisher
In Network-1 Techs., Inc. v. Hewlett-Packard Co., No. 2018-2338, 2020 WL 5666893 (Fed. Cir. Sept. 24, 2020), the Federal Circuit vacated and remanded the district court’s judgment as a matter of law on validity based on HP’s limited participation during…
Drafting for Multiple Jurisdictions Miniseries Part 3: Mind Your Language!
By Publisher
Many patent owners are interested in trying to draft a single patent application that will serve them in several countries. This is ambitious, since there are many differences between various countries’ patent systems, but perhaps not impossible. The patent drafter…
US Patent Law Year in Review: Oct. 2019 – Sept. 2020
By Publisher
The “Year in Review” blog post summarizes several Federal Circuit cases from the last 12 months including appeals of PTAB decisions establishing important practice guidance. The report can be found on the Prosecution First Blog.Read more
IPR and PGR Fees to Increase on October 2, 2020
The USPTO will be increasing its minimum fees for IPRs and PGRs effective October 2, 2020, while also increasing the number of claims covered by the minimum fees. Highlights of the fee increase are provided below. For more details see…
USPTO Introduces Online Form to Nominate PTAB Decisions as Precedential or Informative
On September 24, 2020, the Patent Trial and Appeal Board announced a new online form that allows members of the public to anonymously nominate any routine decision of the Board for designation as precedential or informative. Every opinion is, by…