Topic
Patent Validity
197 published works
Duane Morris Green IP
Thunder Power EV Patents Affirmed as Invalid by Federal Circuit
By Justus Getty
U.S Court of Appeals for the Federal Circuit has refused to rehear a decision invalidating three EV patents owned by Hong Kong-based Thunder Power New Energy Vehicle Development Co., Ltd.…
IP Update
Inherent Claim Limitation Necessarily Present in the Prior Art Invalidates Patent
By Mandy H. Kim
Addressing the issue of obviousness, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding that a patent was invalid based on inherency because the claim…
The IP Law Blog
Is a Copyright Notice Sufficient Evidence a Textbook Is a Printed Publication for Institution of Inter Partes Review?
To use a textbook or other reference to challenge the validity of a patent in a petition for inter partes review (“IPR”), the textbook must have been “publicly accessible” prior…
China Law Insight
浅析化学专利中的支持性判断
By King & Wood
2019年11月1日，国家知识产权局作出第42127号和42128号无效宣告请求审查决定，维持第96196505.3号专利有效。
PostGrant-Counsel Blog
Did You Know About Supplemental Examination?
By John Isacson
The America Invents Act (AIA) ushered in an era of Patent Office trials to adjudicate the validity of issued patents. The AIA, however, created an additional, lesser used, avenue to…
PTABWatch
Fixing an Appointments Clause Violation
In Arthrex Inc. v. Smith & Nephew, Inc., Appeal 2018-2140 (Fed. Cir. Oct. 31, 2019), the Federal Circuit concluded that the PTAB’s Administrative Patent Judges (APJs) are “principal” officers and…
Supreme Court Update
MedImmune, Inc. v. Genentech, Inc. (05-608), Norfolk Southern Railway Co. v. Sorrell (05-746) and order list
Greetings, Court Fans, and Happy New Year! After being away for almost a month, the Court was busy this week, issuing four new opinions and granting cert in seven…
AIA Blog
IPR Estoppel Does Not Apply to Physical Products Described in Printed Publications Available During IPR
In Polaris Indus., Inc. v. Arctic Cat Inc., the court (District of Minnesota) held that defendant was not estopped under § 315(e)(2) from asserting three invalidity combinations involving physical vehicles,…
Game Counsel
“Addressing Video Game Claims Under the Phillips Standard at the PTAB”
Last fall, the PTAB modified its procedures for IPR claim construction, eliminating the use of the broadest reasonable interpretation standard. Since the rule change last year, companies challenging the validity…
PTABWatch
Federal Circuit Addresses Constitutional Issue Supreme Court Left Open
In consolidated appeals of a trio of Board decisions canceling pre-AIA patents in inter partes reviews (IPR), the Federal Circuit held “that the retroactive application of IPR proceedings to pre-AIA…