On Tuesday, August 30, the Federal Circuit vacated the Patent Trial and Appeal Board’s denial of a motion to amend. Veritas Techs. LLC v. Veeam Software Corp., Case No. 15-1894. The Federal Circuit found that “the Board was arbitrary and capricious in its sole ground for denying the motion.” Slip Op. at 3. The Federal […]
Successful motions to amend in AIA trials continue to be rare. The Patent Trial and Appeal Board conducted and published a Motion to Amend Study this year: as of April 30, 2016, the Board had completed 1539 trials; 192 of those trials included a motion to amend. Of those, only 118 amendments were ultimately decided […]
On Monday, June 20, the Supreme Court issued a much anticipated decision upholding the PTAB’s use of the Broadest Reasonable Interpretation standard for claim construction and confirming that the decision to institute is non-appealable.
In its majority opinion rendered June 10, 2016 in SAS Institute, Inc., v. ComplementSoft, LLC, __ F. 3d __ (Fed. Cir. 2016), the Federal Circuit upheld the Patent Trial and Appeal Board’s construction of claim terms and reiterated its holding from Synopsys, Inc. v. Mentor Graphics Corp., 814 F.3d 1309 (Fed. Cir. 2016) that the Board […]
The PTAB recently relied on the Federal Circuit’s decision in Enfish, LLC v. Microsoft Corp. in refusing to institute a Covered Business Method review of a patent for a system for managing personal electronic information. Apple, et al. v. Mirror World, CBM 2016-00019. The patent claimed using a time-ordered stream (sequence of documents) as a […]
The Patent Trial and Appeal Board (“Board”) recently granted a motion to amend. A successful motion to amend is rare; only six have been granted to date. The case is Shinn Fu Co. of America Inc. et al. v. The Tire Hanger Corp., IPR2015-00208.
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