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…

In Christy, Inc. v. U.S., No. 2019-1738 (Fed. Cir. Aug. 24, 2020), the Federal Circuit affirmed the decision of the Court of Federal Claims to dismiss a suit brought by a patent owner against the United States alleging that the…

Through June 30, 2020, the Federal Circuit decided 752 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 552 (73.40%) cases and reversed or vacated the PTAB on every issue in 102 (13.56%)…

In Security People, Inc. v. Iancu, the Federal Circuit affirmed the dismissal of a patent owner’s Administrative Procedure Act (“APA”) suit challenging the constitutionality of the Patent Trial and Appeal Board (“PTAB”) canceling patent claims in an inter partes…

In Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit held that the Patent Trial and Appeal Board (“PTAB”) may consider patent eligibility of substitute claims presented in an inter partes review (“IPR”). The Federal Circuit found that the PTAB’s…

On August 18, 2020, the U.S. Patent Office published a guidance memorandum regarding the treatment of applicant statements in a patent challenged in an IPR (“applicant admitted prior art” or “AAPA”). The PTO observed that different Board panels had reached…

The Patent Trial and Appeal Board issued 44 IPR and CBM Final Written Decisions in May, including decisions following remands from the Federal Circuit, cancelling 436 (67.28%) instituted claims while declining to cancel 212 (32.72%) instituted claims.  Patent owners did…