Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged aia · clear
Written by : Logan P. Young & Kendall Loebbaka SNIPR Technologies Ltd v. Rockefeller University Before Chen , Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : Patents whose priority is…
Written by : Jeremiah S. Helm, Ph.D. & Mark Kachner GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board. Summary: IPR petitioner has standing to appeal an adverse Board…
BOZEMAN FINANCIAL LLC V. FEDERAL RESERVE BANK Before Lourie, Dyk, and Moore. Appeal from the Patent Trial and Appeal Board. Summary: Banks that are members of the Federal Reserve System but are operationally distinct from, and not owned by, the federal…
On April 26, 2018, the USPTO issued a one-page guidance document on the impact of the Supreme Court’s recent decision, SAS Institute Inc. v. Iancu, on AIA trial proceedings. As has been widely reported, SAS reversed the PTAB’s long-standing…
The Tension Between Judicial Independence & Agency Consistency As I have pointed out previously, the Board struggles to issue precedential decisions . This is because the Board (now approaching 300 judges) must reach a “sufficient majority”…
Aqua Products Decision Deemed “Good Cause” Earlier this month the Patent Trial & Appeal Board (PTAB) determined, for the first time, that good cause existed to extend a trial beyond the mandated 12 months of 35 U.S.C. § 316(a)(11). While…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. This was a busy week for precedential cases at the Circuit. In AIA v. Avid , the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag…
USPTO Explains Intervenor Standing Some weeks back in Knowles Electronics v. Matal, the Federal Circuit, sua sponte, asked the following of the parties (order here ): When the prevailing party in an inter partes reexamination proceeding before the…
Written by Peter Heuser, Schwabe, Williamson & Wyatt Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple , the panel finds…
Written by Scott Siera, Ph.D . and Eric Furman, Ph.D. The sale of a product prior to filing a patent application, or “on-sale bar,” has long been a potential barrier to obtaining a patent in the United States. Especially in the biotechnology…
In Pfaff v. Wells Electronics, 525 US 55 (1988), the Supreme Court attempted to focus the factors invoking the on-sale bar of s . 102, by holding that the claimed invention must both be the subject of a “commercial sale”(including offers for…
Technical Findings of PTAB Increasingly Leveraged in Parallel Court Proceedings Patent challenge proceedings of the USPTO's Patent Trial & Appeal Board (PTAB) are designed to provide a low cost, expedited option to district court litigation. Of course,…
