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PTAB gives Apple's Foe a Second Bite by Granting Realtime Data's Motion to Amend

By Reza Mollaaghababa
In an inter partes review (IPR) proceeding, a patent owner may file one motion to amend the patent in one or more of the following ways: (a) cancel any challenged patent claim, or (b) for each challenged claim, propose a reasonable number of substitute claims.  539 more words

America Invents Act

First AIA Derivation Trial Instituted by PTAB

By Aparna Nemlekar
On March 21, 2018, the Patent Trial and Appeal Board (“PTAB”) instituted the first AIA derivation proceeding to determine whether patent claims to a window frame component should be canceled because they were derived from others not listed as inventors. 429 more words

America Invents Act

Actelion Pharmaceuticals, Ltd. v. Joseph Matal (USPTO)


Docket No. 2017-1238

LOURIE, O’MALLEY, WALLACH
February 6, 2018

Brief summary: DC grant of SJ to the PTO that it correctly calculated the § 1.54 patent term adjustment “A delay” since Actelion did not expressly request to begin national examination procedures by checking the box on PTO Form 1390, and “national commencement cannot occur on a federal holiday” but instead “commence[s] on the next workday”. 581 more words

America Invents Act

Wi-Fi One, LLC v. Broadcom Corp. / USPTO (Intervenor)


Docket Nos. 2015-1944-46 (IPR2013-00601, -00602, 00636)

En banc decision
January 5, 2018

Brief summary: En banc FC found “no clear and convincing indication of Congress’s intent to bar judicial review of § 315(b) time-bar determinations” made by the PTO (unlike § 314 decisions regarding the threshold for institution). 513 more words

Inter Parties Review (IPR)

Silver Peak Systems, Inc. v. Joseph Matal (USPTO)


Docket No. 2-15-2072 (IPR2014-00245)

PROST, BRYSON, WALLACH
October 24, 2017

Non-precedential

Brief summary: PTAB denial of SP’s Motion to Amend because SP did not show the proposed new claims “recite patent-eligible subject matter under 35 U.S.C. 150 more words

Inter Parties Review (IPR)

Federal Circuit Criticizes PTAB for Failing to Properly Weigh Objective Evidence of Non-Obviousness

By Tom Engellenner
The Federal Circuit Court of Appeals again vacated a Patent Trial and Appeal Board (PTAB) panel decision for failing to properly evaluate “objective evidence of non-obviousness” and remanded the case for determinations consistent with its opinion. 712 more words

America Invents Act

AIA On-Sale Bar Applies to Publicized Sales, Even When Knowledge of Sale Did Not Disclose the Underlying Invention

By Reza Mollaaghababa
The Court of Appeals for the Federal Circuit (CAFC) recently construed the on-sale bar provision of 35 U.S.C. 102(a) in a way that will make it easier for petitioners to challenge third party patents. 1,239 more words

America Invents Act