Patent Law Weblog
recent posts
- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
- USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog
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Category: Patent Trial and Appeal Board
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PTAB Ignores District Court Claim Construction, Finds Patent Invalid By Joseph Herndon — On February 19, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Mitchell International, Inc. and Audatex North America, Inc. in which all challenged claims were found to…
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Typical "Business Method Patent" Struck Down by PTAB using CBM Review By Joseph Herndon — On February 16, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between E-Loan, Inc. and IMX, Inc. in which all challenged claims were found to be…
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By Andrew Williams — On March 4, the Supreme Court announced that the Cuozzo Speed Technologies, LLC v. Lee appeal would be argued on April 25, 2016 (the last week of oral hearings for the October Term 2015). As we reported previously, the Supreme Court granted certiorari in this case to address two questions: 1. …
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By Joseph Herndon — On March 1, 2016, the Federal Circuit issued an opinion in a number of related appeals between Blue Calypso, LLC and Groupon, Inc. These related appeals arise from five Covered Business Method (CBM) reviews of five patents owned by Blue Calypso (U.S. Patent Nos. 7,664,516; 8,155,679; 8,457,670; 8,438,055; and 8,452,640). The…
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By Kevin E. Noonan — The Federal Circuit affirmed a decision of obviousness, and that a patentee not be able to amend claims in an inter partes review proceeding, in an opinion handed down January 29th in Illumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc. The opinion (or rather the description of the Board's procedures and…
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Business Method Patent Survives PTAB Review By Joseph Herndon — On January 22, 2016, the U.S. Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a covered business method (CBM) patent review in a case captioned NRT Technology Corp. and NRT Technologies, Inc. (Petitioner) v. Everi Payments, Inc. (Patent Owner) (Case CBM2015-00167;…
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By Andrew Williams — Back in January 2002, when this author was near the beginning of his patent law career, the Federal Circuit handed down the In re Sang-Su Lee case. Among other things, this case provided patent practitioners with support for challenging examiners that failed to identify the evidence on which they were relying. …
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The PTAB at the Federal Circuit — Supplemental Evidence Edition By Andrew Williams — On New Year's Eve, the Federal Circuit affirmed the PTAB's denial of a motion to submit supplemental evidence pursuant to 37 C.F.R. § 42.123(a), notwithstanding the fact that the motion was timely filed and relevant. In Redline Detection, LLC v. Star…
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By Kevin E. Noonan — The Supreme Court on Friday granted certiorari to review the Federal Circuit's decision that the U.S. Patent and Trademark's Patent Trial and Appeal Board was entitled to perform claim construction in inter partes review proceedings using the broadest reasonable interpretation standard. This case, Cuozzo Speed Technologies, LLC v. Lee, has…
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By Donald Zuhn — After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on patent practitioners and…
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