The recent decision by the Federal Circuit in Honeywell International Inc. v. 3G Licensing, S.A., issued on January 2, 2025, overturned the Patent Trial and Appeal Board’s (“the Board”) factual and legal holdings in the final written decision of IPR2021-00908.
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Trial Statistics Trends at the PTAB: 2024 Edition
At the end of each fiscal year running from October 1 through September 30, the Patent Trial and Appeal Board (“PTAB”) provides a summary of its trial statistics. [1] This information provides practitioners with useful insight into trends at the…
PTAB Finds Another Patent Fails to Pass Muster Under 101
At the end of October, the U.S. Patent Trial and Appeal Board (“PTAB”) issued a final written decision in PGR2023-00023, finding all claims of a patent owned by Halliburton Energy Services unpatentable under 35 U.S.C. § 101.
Profrac Holding Corp…
The PREVAIL Act – Does it Unfairly Hinder Patent Challengers’ Possibility of Prevailing at the PTAB?
The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was introduced on June 22, 2023, with the aim to reform the U.S. Patent Trial and Appeal Board (PTAB). The PREVAIL Act serves as a supplement to the proposed…
Food Fight Between Impossible Foods and Motif Foodworks Heats Up as the PTAB Agrees to Review an Alt-Meat Patent
The food tech industry has grown rapidly in the last ten years due to innovations in the alternative animal product space and a growing customer desire for more sustainable options.[1] With this rapid growth and an increasing number of…
Federal Circuit Gives Win for Petitioner’s at the PTAB
In Intel Corporation v. Pact XPP Schweiz AG, the Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed and remanded the decision of the Patent Trial and Appeal Board (“Board”). In the decision, the Federal Circuit rejected the Board’s…
Streaming Wars? Streaming Giants Netflix and Hulu Team Up Against Streaming Technology Patent Owner
It seems as if Netflix and Hulu are continuously pumping out new content in their endless battle to win over more monthly subscribers. However, when a third-party asserts patents covering streaming technology against both streaming giants, the competitors find themselves…
Federal Circuit’s Rule 36 Judgments Leave Everyone in the Dark
Federal Circuit Rule 36 has been criticized for leaving IP practitioners in the dark as it allows for the court to enter judgment of affirmance without the reasoned analysis of the Court. Generally, the Rule allows for a judgement of affirmance…
Federal Circuit Precedential Opinion Sheds Light on Importance of Issues Presented On Appeal
In a precedential opinion issued last month, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that when the single issue presented on appeal is whether a prior art reference teaches a particular claim element, that is a…
“Known-technique” Rationale for KSR Analysis
In Intel Corp. v. PACT XPP Schweiz AG, the Federal Circuit held that establishing a motivation to combine prior art for KSR analysis based on the “known-technique” rationale does not require showing that the “known-technique” is an improvement. The Court…