On November 27, the Supreme Court will hear arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. The issue is: Whether inter partes review, an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents, violates the Constitution by extinguishing private property rights through a […]
The full U.S. Court of Appeals for the Federal Circuit held in Aqua Products “the burden of proving the unpatentability of all claims in an IPR—both original and amended—is on the petitioner.” Five opinions (including one dissent written by Judge Hughes) were filed by the full bench, and the lead opinion written by Judge O’Malley […]
In re Smith International, Inc. (Sept. 26, 2017) Even though the USPTO has been using the broadest reasonable interpretation (BRI) for over 100 years, guidance by the Federal Circuit is still needed. Recently, Federal Circuit found the application of the BRI by the Patent Trial and Appeal Board (PTAB) to be in error and reversed […]
Defendant Hewlett Packard filed a Petition for IPR challenging claims of U.S. Patent No. 6,218,930 as invalid in view of two prior art references. On the same day Defendant requested joinder with an earlier filed IPR that challenged the same claims of the ‘930 patent as invalid over four references (including the two raised in […]
The U.S. Court of Appeals for the Federal Circuit held that to find a “required and established place of business” for venue in a civil action for patent infringement, the court must identify “a physical place, of business, of the defendant.” Cray filed a motion to transfer the underlying litigation, arguing that it did not […]
UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance on when it may exercise its discretion not to institute proceedings. Petitioner General Plastic Industrial Co., Ltd. originally challenged two patents […]
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